DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No .NRO4874-13
26 November 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 25 November 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 considered the advisory
opinion (A/0O) furnished by Headquarters Marine Corps (HOMC) memo
1400/3 MMPR-2 of 2 Oct 2013, a copy of which had already been
provided to you.
The Board also notes that you have applied for a correction to
your record for an error that allegedly occurred more than 50
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.
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 dia not seek to have the alleged error
corrected earlier, the Board still decided to review your case.
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,
Docket No.NRO4874-13
experience, awards, decorations, completion of rating courses,
and the like. In addition, before any candidate may be
advanced, the candidate must have the favorable recommendation
of their commanding officer. Personnel within each rating
compete with each other for a limited number of promotion
vacancies. Only those qualified candidates for whom vacancies
exist are advanced.
Based on the circumstances described above and the A/O from
HOMC, your applicatioh 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,
LY |
W. DEAN PFEDRF
Executive Di
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Board for. 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.