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NAVY | BCNR | CY2010 | 09126-10
Original file (09126-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON BG 20370-5100

 

BUG
Docket No: 9126-10
18 August 2011

 

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 gunnery sergeant (pay grade E-9}) from the Fiscal Year
(FY) 2004 Reserve Master Gunnery Sergeant Selection Board. By
implication, you further requested that your retired grade be
changed accordingly, from master sergeant (pay grade E-8) to
master gunnery sergeant. Your previous case, docket number
2503-08, was denied on 8 January 2009. In accordance with the
stipulation of dismissal of your case before the United States
District Court for the Western District of Pennsylvania, your
cage was reconsidered.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, reconsidered your case
on 18 August 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, and the Board’s file on your prior case. The
Board also considered the advisory opinions from Headquarters
Marine Corps dated 14 October 2010 and 29 June 2011, copies of
which are attached. Finally, the Board considered your
rebuttal letters dated 29 November and i December 2010 and 4
August 2011, each with enclosures.
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 regard, the Board substantially
concurred with the comments in the advisory opinions. The
Board found you were eligible to be considered by the enlisted
remedial selection board (ERSB), as you were not in confinement
when the regular promotion board convened. In the absence of
your having been selected by the FY 2004 Reserve Master Gunnery
Sergeant Selection Board or an ERSB for that promotion board,
the Board was unable to find you should have been promoted from
that promotion board. In view of the above, the Board again
voted to deny relief. 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,

Lo emit)

W. DEAN PFEIFYER
@xecutive Dir

Enclosures

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