DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 11168-10
27 January 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 adjusting your gunnery sergeant date of rank and
effective date from 1 July 2010 to reflect selection by the
Fiscal Year (FY) 2005, 2006, 2008 or 2009 Gunnery Sergeant
Selection Board, rather than FY 2010.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 January 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, the Board's file on your prior case (docket
number 4974-10), your naval record and applicable statutes,
regulations and policies. tin addition, the Board considered the
advisory opinion from Headquarters Marine Corps dated 8 December
2010, a copy of which is attached, and your letter dated 15
January 2011 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. The Board was unable to find your selection
by the FY 2005, 2006, 2008 or 2009 Gunnery Sergeant Selection
Board would have been probable, had your record not included the
fitness report for 2 April to 3 June 2000, whose removal was
directed in your previous case on 15 August 2010. The Board
recognized that you were selected by the FY 2010 Gunnery
Sergeant Selection Board, which adjourned on 9 June 2010,
despite the presence of that fitness report in your record
considered by the promotion board. However, the Board
particularly noted the figures provided in paragraph 3 of the
advisory opinion, as well as the uncontested derogatory service
record page 11 entries dated 14 November 1993 and 21 March, 24
March and 15 November 1995, which were viewed by all the
selection boards by which you were not selected. 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,
Enclosure
NAVY | BCNR | CY2011 | 05700-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR7775 13
He was then selected by the FY 2012 Gunnery Sergeant Selection Board, convened on 17 April 2012, and he was promoted to gunnery sergeant with a date of rank and effective date of 1 December 2012. d. Enclosure (4) shows that the in zone percentage selected for the FY 2006 Staff Sergeant Selection Board was 62.2. e. Enclosure (5) reflects that the HQMC Performance Evaluation Review Board directed removing Petitioner's fitness report for 1 April to 2 November 2006, which documented the later...
NAVY | BCNR | CY2010 | 00883-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 06748-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the Board's file on your prior case (docket number 2803-07), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2009 | 04049-09
Your previous case, docket number 08315-08, was denied on 14 October 2008. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 17 December 2009. 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.
NAVY | BCNR | CY2007 | 10584-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2008. In this connection, the Board particularly noted that you were not selected when you received remedial consideration for promotion from the FY 2005 and 2006 Master Sergeant Selection Boards; and the Board substantially concurred with the advisory opinion dated 29 April 2008, except to note you actually had only one observed gunnery sergeant...
NAVY | BCNR | CY2009 | 10843-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in> support thereof, the Board's file on your prior case (docket number 9230-08}, your naval record and applicable statutes, regulations and policies. In this regard, the Board substantially concurred with the comments contained in...
NAVY | BCNR | CY2010 | 00446-10
You finally impliedly requested removing the service record page 11 (“Administrative Remarks (1070)") counseling entry dated 25 January 2008. 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. Further, the (enclosure Board was unable to find your promotion would not have been delayed, had the results of the inspection, which was conducted on...
NAVY | BCNR | CY2008 | 10207-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 07272-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 April 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, reguiations and policies. The Board found that your FY 2012 failure of selection should stand as well, since it found insufficient basis to modify your fitness report record;...