DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WH
Docket: 01219-11
21 June 2011
This is in reference to your application for correction of
your naval record pursuant to the provisions of 10 USC
1552.
A three-member panel of the Board for Correction @f Naval
Records, sitting in executive session, considered your
application on 20 June 2011. Your allegations of error and
injustice were reviewed in accordance with the
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.
The Board also considered the advisory opinion furnished by
the Navy Personnel Command letter 1400/3 MMPR 2 of 22 April
2011, a copy of which is enclosed.
The Board noted that you have applied for a correction to
your record for an error that allegedly occurred more than
fifty years ago. Under the rules governing this Board, an
application for a correction of a naval record must be made
within three years after the discovery of the alleged
error. Failure to file within the prescribed three years
may be excused only in cases where the Board finds that it
is in the interests of justice to do so.
Enlisted promotions are based on a competitive system which
considers a variety of performance factors including a
candidate’s overall performance, technical knowledge,
military proficiency, performance of duty, conduct,
education, physical fitness, time in service, time in
Docket: 01219-11
grade, experience, awards, decorations, and the like.
Before any candidate may be advanced, the candidate must
have the favorable recommendation of their commanding
officer. Personnel compete with each other for a limited
number of promotion vacancies. Service record entries are
made for persons who are promoted (often accompanied by a
short ceremony and delivery of a certificate memorializing
the promotion) which actually effects the promotion. The
absence of a service record showing the effective date of a
promotion indicates that a candidate was not actually
promoted.
After careful and conscientious consideration of the entire
record, the Board determined that there is insufficient
evidence of an error or injustice that would warrant any
relief. The Board found that it is not in the interests of
justice to excuse the three year time limit in your
particular case. You neglected to assert your claim for an
inordinately long period of time without justification.
You have provided no evidence as to why you did not seek to
have the alleged error corrected earlier.
Additionally, review of the documents submitted reveals
that at the time of your discharge, the highest rank that
you achieved was Corporal. You signed your DD 214 of 8
October 1956 indicating your rank was Corporal. There is
no evidence that you were or should have been promoted
beyond that rank prior to your discharge. As explained
above, a passing score on an advancement exam and/or
completion of required training courses alone do not
automatically entitle a candidate to advancement.
Finally, the Board agreed with the attached advisory
opinion issued by Headquarters Marine Corps that recommends
no relief be granted because there is no evidence you ever
possessed the required composite score for promotion to
Sergeant nor is there evidence that you were recommended
for promotion by your commander.
Based on the circumstances described 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
Docket: 01219-11
submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is
also 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,
Executive Da
Enclosure
NAVY | BCNR | CY2011 | 00996-11
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 June 2011. The absence of a service record showing the effective date of a promotion indicates that a candidate was not actually promoted. Docket: 00996-11 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 | CY2011 | 04449-11
of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 dune 2011. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. Consequently, Docket: 04449-11 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 | CY2011 | 04004-11
R three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 June 2011. The absence of a service record showing the effective date of a promotion indicates that a candidate was not actually promoted. Consequently, when Docket: 04004-11 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 | CY2010 | 02673-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 May 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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 | CY2010 | 09051-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. Consequently, when Docket: 9051-10 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 | CY2010 | 06665-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. Consequently, when Docket: 6665-10 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 | CY2009 | 10718-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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 | CY2009 | 12672-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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 | CY2009 | 10850-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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 | CY2010 | 00932-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 March 2010. for a correction of a naval record must be made within three years after the discovery of the alleged error. 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.