DEPARTMENT OF THE NAVY
				BOARD FOR CORRECTION OF NAVAL RECORDS 
					2 NAVY ANNEX
				      WASHINGTON DC 20370-5100
										LCC:ddj
										Docket No: 603-03
										26 August 2003

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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 furnished by CMC memorandum 1400/3 MMPR 2 of 7 August 2003, 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. Accordingly, 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,

							W. DEAN PFEIFFER
							Executive Director

Enclosure
DEPARTMENT OF THE NAVY
Headquarters UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
	HARRY LEE HALL, 17 LEJEUNE ROAD
	QUANTICO, VIRGINIA 22134.5104

		IN REPLY REFER TO:
	1400/3
	MMPR-2

MEMORT~NDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	ADVISORY OPINIONIN THE CASE OF

Ref:	 (a} BCNR Docket No: 603-03 of 29 Jul 03
 (b)	MCO P1400.32C, ENLPROMMAN
	
	1.	Sergeant  XXXX asserts he should have been promoted to the rank of staff sergeant on 1 April 2000.

2.	Per reference (a), Sergeant  was non-competitively selected for promotion by the CY 1999 Staff Sergeant Selection Board. Prior to Sergeant ‘s seniority number l843A being reached for promotion, he was disenrolled from the Marine Enlisted Commissioning Education Program (MECEP) due to poor performance. Per reference (b) paragraph 3503.2, a Marine participating in the MECEP who is non-competitively selected for promotion by a Staff Noncommissioned Officer (SNCO) selection board, and who subsequently disenrolled from the MECEP or is not tendered an appointment as a commissioned officer prior to the date the enlisted advancement should occur, will be considered to have been erroneously selected in the noncompetitive category. If Sergeant remained on active duty, he would have been eligible to submit a request for remedial promotion consideration. Accordingly, Sergeant s erroneous promotion selection to staff sergeant was 
administratively deleted from the CY 1999 Staff Sergeant Selection list.

	3.	Sergeant  XXXX does not meet the requirements to be promoted to staff sergeant.

Major, U.S. Marine Corps
        Head, Enlisted Promotion Section