DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
	WASHINGTON DC 20370-5100	

	LCC:lc
	Docket No: 698-04
	11 May 2004

GYSGT USMC RETIRED

Dear GUNNERY SERGEANT:

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 11 May 2004. 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, 22 April 2004, 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 AN RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD	
QUANTICO, VIRCINIA 22134-5104

	IN REPLY REFER TO:
		    1400/3
		  MMPR-2
		APR 22 2004

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	ADVISORY OPINION IN THE CASE OF GUNNERY SERGEANT /USMC (RETIRED)

Ref:	(a)	BCNR Docket No. 698-04 dtd 2 Apr 2004
	(b)	RELM Doc: KUWA-439RMF
	(c)	3d MAW msg 140800Z JAN 1999
	(d)	MCO P1400.32C, ENLPROMMAN

1.	Per reference (a), Gunnery Sergeant requests promotion to the rank of master sergeant.

2.	Per reference (b), Gunnery Sergeant XXXX requested a five month contract extension to be considered by the CY 1999 Sergeant Major through Master Sergeant Selection Board. His request was disapproved on 12 January 1999. Per reference (c), Gunnery Sergeant XXXX requested and was approved to transfer to the Fleet Marine Corps Reserve (FMCR) effective 28 February 1999. Due to administrative error, Gunnery Sergeant XXXX was erroneously selected to master sergeant by the CY 1999 Sergeant Major through Master Sergeant Selection Board. Paragraph 1203.11 of reference (d) states, “Marines on the retired list or in the FMCR are not eligible for promotion or selection consideration except when recalled to temporary active duty in excess of one year during a national emergency.” Gunnery Sergeant XXXX had officially transferred to the FMCR on 28 February 1999 prior to the adjournment date of the CY 1999 Sergeant Major through Master Sergeant Selection Board.

3.	Accordingly, Gunnery Sergeant XXXX does not meet the criteria for promotion to master sergeant.

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