DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6750-10
10 March 2011
SE A aioe p
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 (FY)
2010 Selected Marine Corps Reserve (SMCR) E-8 Selection Board.
You also requested reinstatement to the SMCR and reenlistment
for the maximum term, impliedly requesting that your retirement
of 1 April 2010 be set aside.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 March 2011. 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 20
September, 29 October and 29 December 2010, copies of which are
attached.
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.
While the Board recognized that injury and deployment may have
denied your last opportunity to complete the required
professional military education before your consideration by the
FY 2010 promotion board, the Board was unable to find you never
had any chance to complete it before that board met. 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.
J
Sincerely,
Executive
Enclosure
Copy to:
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