Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 11342-10
Original file (11342-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR

Docket No: 11342-10
21 April 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 that your administrative reduction from gunnery
sergeant (pay grade E-7) to staff sergeant (pay grade E-6) be
set aside, and you impliedly requested that your retired grade
be changed accordingly from staff sergeant to gunnery sergeant.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 April 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 27
January 2011 and 29 March 2011 with references (c) through (f),
copies of which are attached, your e-mail of 4 April 2011 and
your letter dated 17 April 2011.

After careful and conscientious consideration of the entire
record, and notwithstanding the favorable advisory opinion dated
27 January 2011, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. Concerning the absence of documentation of
the reduction from your Official Military Personnel File, the
Board noted that you acknowledge having been administratively
reduced by a competency review board because of “'a technical
deficiency based on weight control’”; and further noted that the
Marine Corps Total Force System data reflects your
administrative reduction from E-7 to E-6 effective 11 May 2005,
as well as three assignments to weight control, in 1988, 1990
and 2003. You contend that you were wrongly treated as not
having any underlying medical condition that contributed to your
weight problem, submitting a Department of Veterans Affairs
decision of 19 September 2009 ghat you had service connected
spinal” ‘stenosis, with right-sided sciatica. The Board
particularly noted that you offered no information from
‘competent medical authority to support a conclusion that this
condition contributed to your weight problem. 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.

é fr,
i
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 Ques

W. DEAN PF!
Executive

   
 

 

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2001 | 07166-01

    Original file (07166-01.rtf) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has directed removal of the contested fitness report for 1 January to 2 February 1996. The Board also considered your rebuttal letter dated 30 July 2002 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 concluding that no further correction to your fitness report record...

  • NAVY | BCNR | CY2008 | 09296-08

    Original file (09296-08.pdf) Auto-classification: Denied

    You also impliedly requested reconsideration of your previous request to adjust your gunnery sergeant (pay grade E-7) date of rank and effective date to reflect selection by the Calendar Year (CY) 2001 or 2002 Gunnery Sergeant Selection Board, rather than CY 2003. While the Board did consider your having been selected for promotion to master sergeant the first time you were considered with a corrected record to be new and material evidence in support of backdating your promotion to gunnery...

  • NAVY | BCNR | CY2001 | 04108-01

    Original file (04108-01.pdf) Auto-classification: Denied

    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. aim that "By doctor's orders Subj: SE OF GUNNERY SMC SERGEAN d. Gunnery Sergeant was required to be notified by MC0 6100.10. her commander that she has been assigned to the weight control program per Documented evidence enclosed in her application, the CO, Headquarters and Service Battalion letter 6100/l B 07-03 dated...

  • NAVY | BCNR | CY2006 | 01685-06

    Original file (01685-06.rtf) Auto-classification: Denied

    In the alternative, you now request new enlisted remedial selection boards (ERSB’s) for the Calendar Year (CY) 1999, 2000 and 2001 master sergeant and first sergeant selection boards.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2007. The Board found the ~Th’IPR-2 advisory opinion dated 2 August 2006 was correct as to the number of Marines with whom you were compared, despite the indications, in the...

  • NAVY | BCNR | CY2002 | 06696-02

    Original file (06696-02.rtf) Auto-classification: Denied

    Although the enlisted performance board initially recommended discharge, this decision was changed after you submitted evidence that you had met the weight standards. The fitness report for the period 13 September 1986 to 14 February 1987 states as follows:(He) is leaving the Marine Corps after nineteen years of dedicated service, including an extended tour in the Republic of Vietnam. Consequently, the Board concluded that a correction to your record to show that you retired from the...

  • NAVY | BCNR | CY2001 | 07267-01

    Original file (07267-01.pdf) Auto-classification: Denied

    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. The following is offered as relevant: a. Evidently both the petitioner and the Reporting Seniors the Marine reported on needs to be seen by a for both reports have misunderstood the criteria contained in references (b) and (c) concerning weight issues. To be placed on Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW...

  • NAVY | BCNR | CY2008 | 06748-08

    Original file (06748-08.pdf) Auto-classification: Denied

    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 | CY2002 | 01964-00

    Original file (01964-00.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. Control (ECFC) policy, According to the Enlisted Career Force sergeants who have twice failed selection to the next higher grade must leave active duty at he end of active service sergeant twice and was therefore denied further service. in order...

  • NAVY | BCNR | CY2001 | 00088-01

    Original file (00088-01.pdf) Auto-classification: Denied

    Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure 1610 MMER/PERB 2 7 DEi ?OfJO MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF GUNNERY SERGEANT USMC (a) (b) GySg MC0 P1610.7E D...

  • NAVY | BCNR | CY2002 | 03527-02

    Original file (03527-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be (MCTFS) entry reflecting his corrected by removing the Marine Corps Total Force System placement on weight control from 15 January to 5 May 1997. + ,y ,y i -* MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BCNR APPLICATION IN THE CASE OF GUNNERY USMC SERGEANT Encl: ( 1 )...