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.
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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
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