DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No. 5037-10
25 October 2010
This is in reference to your application for correction of
your naval record pursuant to the provisions of 10 USC
Lees
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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 notes that you have applied for a correction to
your record for an error that allegedly occurred more than
39 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.
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, 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
Decket: 5037-10
officer. Personnel compete with each other for a limited
number of promotion vacancies. Service record entries are
made for persons who are promoted (often accompanied by a
short ceremony and delivery of a certificate memorializing
the promotion) which actually effects the promotion. The
absence of a service record showing the effective date of
an 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 at
the time of your discharge, the highest grade that you
achieved was E-4 (Corporal). There is no evidence that you
were or should have been promoted beyond that rank prior to
your discharge.
Finally, the Board considered the attached advisory opinion
issued by Headquarters Marine Corps that recommends no
relief be granted.
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.
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
Docket: 5037-10
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 Rant
W. DEAN PFE
Executive Dine
Enclosure
ie
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