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AG DEPARTMENT OF THE NAVY
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mL ‘i “ed r \ BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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BAN
Docket No. 02490-11
31 May 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 of Naval Records,
sitting in executive session, considered your application on 31 May
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, his naval record and applicable
statutes, regulations and policies. The Board considered the advisory
opinion (A/O) furnished by Headquarters Marine Corps (HOMC) memo
1400/3 MMPR-2 of 31 Mar 11, (a copy has already been provided to you),
and your response to the A/O.
As you know, advancement to E7 is highly competitive. Only a limited
number of vacancies exist and there are many highly qualified
candidates. You were considered, but not selected for promotion, by
the FY 2007 and FY 2008 promotion boards.
You were selected for advancement by the FY 2009 promotion board.
Your application states that you disclosed your medical condition
before being selected. You argue, therefore, that your failure to be
selected in FY 2007 and FY 2008 must have been related to your medical
condition and/or the limitations on your duty assignments. The Board
understood and carefully considered your argument. However, the Board
was not persuaded that those factors resulted in your failure to be
selected in FY 2007 and FY 2008.
The FY 2007 or FY 2008 promotion boards considered you for promotion
as a whole person by assessing your overall performance, experience,
and knowledge. They examined a variety of performance factors
including your military proficiency, performance of duty, conduct,
time in service, time in grade, awards, decorations, and the like.
The Board found that you were not passed over simply due to your
medical status as you allege. Nor were you passed over simply because
your medical status limited your duty assignments. Promotion boards
take into account the fact that some individuals do not have the
opportunity to serve in a wide variety of demanding assignments.
Candidates having less variety or less demanding tours may be equally
qualified for promotion depending upon their overall performance,
experience, and knowledge.
The Board noted that when you were subsequently selected for
advancement in FY 2009, you had an additional year of performance and
experience as an E-6 and an improved breadth of knowledge as an
administrative chief. In a highly competitive promotion environment,
this additional year is not insignificant. Under these circumstances,
the Board was not persuaded that your failure to be selected in FY
2007 and FY 2008 was simply the result of the factors you mention.
The Board found no error or injustice in the results of the FY 2007
and FY 2008 promotion boards. Accordingly, 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 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,
Launch
W. DEAN PF E
Executive Dineltor
Enclosure
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket: 9045-10 28 Mar 2011 From: Chairman, Board for Correction of Naval Records TOR Secretary of the Navy Subj}: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Navy Personnel Command (NPC) memo 1430 PERS 843 of 2 Nov 10 G3) Meno fr) SC
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