DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 10599-12
21 March 2013
Dear
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 removing the service record page 11
(“Administrative Remarks (1070)”) entries dated 12 September
2004 (two, the first stating you are eligible but not
recommended for promotion to corporal for September 2004, and
the second stating you are eligible but not recommended for
promotion to corporal for October, November and December 2004),
undated (stating you are eligible but not recommended for
promotion to corporal for July, August and September 2004), 6
March 2005 (stating you are eligible but not recommended for
promotion to corporal for the second quarter of 2005) and 5 June
2005 (stating you are eligible but not recommended for promotion
to lance corporal (pay grade E-3) for the third quarter of 2005.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 March 2013. 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 (HQMC) dated 19
December 2012, a copy of which is attached.
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 substantially
concurred with the comments contained in the advisory opinion.
The Board was unable to accept your unsupported assertion that
you never had any unauthorized absences. Concerning your
objection that the contested entries lack your signature, the
Board noted that they all show you were not available for
signature, but your application reflects you became aware of the
entries on 21 September 2012, at which time you could have
submitted a rebuttal to be entered in your record. Finally, the
Board found that the entry dated 5 June 2005, regarding the
third quarter of 2005, should have indicated you were not
recommended for promotion to corporal, rather than lance
corporal, as you were a lance corporal on that date; and the
entry dated 6 March 2005, regarding the second quarter of 2005,
recommended against your promotion to corporal. However, the
Board found this error did not warrant removal of the entry, as
you requested, but rather a correction of the grade =that you
may request of HQMC.
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,
RAS
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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