DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
WJH
Docket: 2673-10
4 May 2010
This is in reference to your application for correction of
your naval record pursuant to the provisions of 10 usc
1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 May 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 notes that you have applied for a correction to
your record for an error that allegedly occurred more than
fifteen years ago. Under the rules governing this Board,
an application for a correction of a naval record must be
made within three years after the discovery of the alleged
error. Failure to file within the prescribed three years
may be excused only in cases where the Board finds that it
is in the interests of justice to do so.
Marine Corps enlisted promotions are based on a competitive
system which considers a variety of performance factors
including a candidate’s overall performance, technical
knowledge, military proficiency, performance of duty,
Docket: 2673-10
conduct, education, physical fitness, time in service, time
in grade, experience, awards, decorations, and the like.
Before any candidate may be advanced, the candidate must
have the favorable recommendation of their commanding
officer. Personnel within each military occupational
specialty (job) compete with each other for a limited
number of promotion vacancies. It is possible, even
common, for a candidate to be qualified for promotion
or to complete minimum advancement requirements, but still
not be actually advanced. Only those qualified candidates
for whom vacancies exist are promoted. In such cases,
service record entries are made (often accompanied by a
short ceremony and delivery of a certificate memorializing
the advancement) which actually effects the promotion. The
absence of a service record showing the effective date of a
promotion indicates that a candidate was not actually
promoted.
After careful and conscientious consideration of the entire
record, the Board determined that there is insufficient
evidence of an error or injustice that would warrant any
relief. The Board found that it is not in the interests of
justice to excuse the three year time limit in your
particular case. You neglected to assert your claim for an
inordinately long period of time without justification.
You have provided no evidence as to why you did not seek to
have the alleged error corrected earlier.
Additionally, review of your naval record reveals that you
Signed a “Certificate of Release or Discharge” on 21
January 1994 which indicates that you were discharged
honorably in the rank of Lance Corporal {E-3). There is no
evidence that you were or should have been advanced beyond
that rank prior to your discharge.
Based on the circumstances described above, your
application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Tt 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
Docket: 2673-10
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,
ey Yawen
W. DEAN PFE
Executive Dilte
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