DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 2199-10
14 October 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 remedial consideration for the Fiscal Year 2006
Master Sergeant Selection Board or promotion to master
sergeant.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 October 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. The Board also considered
the advisory opinions from Headquarters Marine Corps, dated 26
March and 21 July 2010, and the memorandum for the record (MFR)
dated 7 September 2010, copies of which are attached. The
Board also considered your rebuttal letter dated 5 October
2010.
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. The Board was unable to find any
requirement that you be granted an extension of enlistment to
allow you a chance to be considered for promotion. In this
regard, the Board particularly noted the contents of the MFR.
The Board did not consider it unjust that you came up on
service limitations as a gunnery sergeant before you had been
considered for promotion to master sergeant. In view of the
above, your application 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,
Wang
W. DEAN PFE
Executive Dil
Enclosures
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