DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR06939-13
25 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 22 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/0) furnished by Headquarters Marine Corps (HQMC) memo
1400/3 MMPR-2 of 6 Nov 2013, a COpy of which is being provided
to you.
In addition, the Board notes that you have applied for a
correction to your record for an error that allegedly occurred
more than 35 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. The Board found that although you
neglected to assert your claim for an inordinately long period
of time without justification, it igs in the interests of justice
to excuse the three year time limit in your particular case.
However, you have provided no evidence as to why you did not
seek to have the alleged error corrected earlier.
Navy 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,
Docket No.NR06939-13
decorations, and the like. Before any candidate may be
advanced, the candidate must have the favorable recommendation
of their commanding officer. Personnel within each rating (job)
compete with each other for a limited number of promotion
vacancies. It is possible, even common, for a candidate to
receive a passing score on an advancement exam and/or to
complete minimum required advancement courses, but still not be
actually advanced. Only those qualified candidates for whom
facancies exist are advanced. In such cases, service record
4ntries are made (often accompanied by a short ceremony and
delivery of a certificate memorializing the advancement) which
actually effects the advancement. The absence of a service
record showing’ the effective date of advancement indicates that
a candidate was not actually advanced in the active duty
component.
Finally, there is no evidence that you were or should have been
advanced beyond that rank prior to your discharge from active
duty. Therefore, after careful and conscientious consideration
of the entire record, the Board determined that there is
insufficient evidence of an error or injustice that would
warrant any relief. 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,
re
Ww Rea
W. DEAN PF
Executive r r
Enclosure
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