DEPARTMENT OF THE NAVY
Tye ininme
BUarL SUr CORRECTION Gb NAVAL RLU
701 S, COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No,NRO3270-14
17 November 2014
This is in reference to your application for correction to your naval
record pursuant to the provisions of 10 United States Code, section
1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 13
November 2014. Your allegations of error and injustice were reviewed
in accordance with administrative reguiations 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 members also considered your request for a personal
appearance, however they found that the issues in the case were
adequately documented ang that a personal appearance with or without
counsel would not materially add to the Board’s understanding of the
issues involved. Thus, your request for a personal appearance has
been denied.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was insufficient
+o establish the existence of probable material error or injustice.
In making this determination, the Board noted that although you should
have been allowed to take the Navy-wide advancement examinations from
March 2012 to September 2013, you were convicted at a general court-
martial and were not authorized to take a follow-on examination in
March 2014. Therefore, the only other alternative was to use your
September 2011 E-4 advancement examination results for the March 2012,
September 2012, March 2013 and September 2013 exams. The Board noted
that you still would not have advanced. Accordingly, your application
has been denied. The names and votes of the members of the panel will
be furnished upon request.
Tt 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 evidence within one
year from the date of the Board's decision. New evidence is evidence
pocket No.NROS2Z70-14
not previously considered by the Board prior to making its decision in
this case. Im this regard, it is important to keep in mind that a
presumption of reguiarity attaches to all official records.
for a correction of an official naval
Consequently, when applying
to demonstrate the existence of
record, the burden is on the applicant
probable material error or injustice.
’
ee Sincerely,
? ROBERT J. ONEILL
Executive Director
NAVY | BCNR | CY2014 | NR5667 14
on 4 September 2014, you have requested a reconsideration of your case. evidence not previously considered by the Board prior to making its decision in this case. 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.
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It is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I of the fitness report for i November 2012 to 31 March 2013 as you requested. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2014. 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.
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In May 2007, you requested a reconsideration of that decision. Again, your request was denied on 22 July 2010, based on that fact that no new or material evidence was presented. On 27 September 2013, you have submitted yet another request for reconsideration and you still have not provided any new or material evidence to warrant a change to your record.
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