DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 4107-10
26 August 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 promotion to master sergeant pursuant to your
selection by the Enlisted Remedial Selection Board for the
Fiscal Year 2007 Master Sergeant Selection Board. You also
impliedly requested changing your retired grade from gunnery
sergeant (pay grade E-7) to master sergeant (pay grade E-8) and
removing documentation of your administrative deletion from the
selection list. .
A three-member panel of the Board: for Correction of Naval
Records, sitting in executive session, considered your
application on 26 August 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 opinions from Headquarters Marine Corps dated 17 June
2010 with reference (b) and 12 July 2010, and the undated
chronology, copies of which are attached, as well as your
counsel's letter dated 13 August 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinions.
The Board was unable to find your command took reprisal against
you for your inspector general or equal opportunity complaint,
your request mast or your correspondence with a Congressman. 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,
ly
W. DEAN PFE
Executive Dil r
Enclosure
—_ to;
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