DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2480
BAN
Docket No.NRO2316-13
9 September 2013
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 3 September 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.
The Board also notes that you have applied for a correction to
your record for an error that allegediy occurred more than 40
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.
Marine Corps enlisted advancements 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 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 within
each Military Occupational Specialty (MOS) compete with each
other for a limited number of promotion vacancies. Only those
qualified candidates for whom vacancies exist are advanced.
Docket No.NR02316-13
Although you neglected to assert your claim for an inordinately
long period of time without justification and you provided no
evidence as to why you did not seek to have the alleged error
corrected earlier, the Board still decided to review your case
and sought an advisory opinion from Headquarters Marine Corps
(HQMC) memo 1400/3 MMPR-2 of 21 Aug 2013, a copy of which is
being enclosed,
A review of your naval record reveals that you signed a Report
of Transfer or Discharge (DD Form 214) which indicates that you
were discharged honorably in the rank of LCPL/E-3. There is no
evidence that you were or should have been advanced beyond that
rank prior to your discharge. As explained above, a commanding
officer’s recommendation is also required.
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 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,
Lo Noo!
W. DEAN eae,
Executive reetor
Enclosure
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