DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 1239-10
29 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested a remedial selection board for the Fiscal Year
2011 Active Reserve Major Selection Board, impliedly requesting
removal of your failure of selection by that promotion board.
You further requested that your record be updated to reflect the
change of your military occupational specialty (MOS) from 0802
(Field artillery officer) to 1302 (combat engineer officer). It
is noted that the Marine Corps Total Force System has been
corrected to show your MOS as 1302.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 April 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in:
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from Headquarters Marine Corps dated 22 March
2010, a copy of which is attached, and your letter dated 9 April
2010 with enclosures.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The documents submitted with your letter of 9 April 2010 did not
persuade the Board that you should have been selected for
promotion. In view of the above, your application for relief
beyond that already effected has been denied. The names and
votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records. .
_ Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFE
Executive Daye 2
Enclosure
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