DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JSR
Docket No: 5700-11
6 October 2011
Dear Gunnery Sergeant iy.
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 gunnery sergeant date of rank and
effective date be adjusted from 1 July 2009 to reflect selection
by the Fiscal Year (FY) 2005 Gunnery Sergeant Selection Board,
rather than FY 2009.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 October 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 9
August 2011 and the e-mail from HOMC dated 17 August 2011,
copies of which are attached, and your letter dated 22 September
2011. The Board also considered copies of your fitness reports
for 2 February to 20 August 2002, 10 October to 15 December 2002
and 7 March to 17 May 2003, whose removal was directed by the
HOMC Performance Evaluation Review Board (PERB).
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. The Board was unable to find your selection
by the FY 2005, 2006, 2007 or 2008 Gunnery Sergeant Selection
Board would have been probable, had your record not included any
of the three fitness reports that were removed from your record,
pursuant to the direction of the PERB, on 9 April 2009, after
your failures of selection and before the FY 2009 promotion
board, by which you were selected, convened on 14 April 2009.
In this regard, the Board substantially concurred with the
comments contained in paragraphs 4 and 5 of the advisory
opinion. 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,
‘W. DEAN PF FRR
Executive D
Enclosure
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