DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 13802-10
10 March 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 staff sergeant date of rank and
effective date be adjusted from 1 October 2006 to 1 December
2005, to reflect selection by the Fiscal Year (FY) 2005 Staff
Sergeant Selection Board, rather than FY 2006.
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 opinion from Headquarters Marine Corps (HOMC) dated 1
March 2011 and the HQMC e-mail dated 7 January 2011, copies of
which are attached, and a copy of your adverse fitness report
for 18 April to 22 November 2002 whose removal has been directed
by the HQMC Performance Evaluation Review Board.
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 was unable to
find your selection by the FY 2005 Staff Sergeant Selection
Board would have been probable, had your record not included the
fitness report whose removal was later directed. In this
regard, the Board particularly noted that you were selected with
the fitness report in your record, and that information provided
to both the FY 2005 and 2006 promotion boards, other than that
included in the fitness report, documented your nonjudicial
punishment of 13 November 2002. 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,
\p
W. DEAN
Executive or
Enclosure
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