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

BJG
Docket No: 3192-06
10 August 2006

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 10 August 2006. 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 from Headquarters Marine Corps, dated 7 June 2006, 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,

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UMTED 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
JUN 0 7 2006

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

Subj:	ADVISORY OPINION IN THE CASE OF MASTER SERGEAN

Ref:	(a) 	    BCNR Docket Number 03192-06 dtd 11 Apr 06
(b)	MOO P1400.320 ENLPROMMAN
(c)	MARADMIN 588/03

1. Per reference (a) , Master Sergeant XXXX requests to have the draw case code (AW) removed from his record and receive remedial consideration in the promotion zone vice the above zone for promotion to master gunnery sergeant by the FY 2004 Reserve Staff Noncommissioned Officer Selection Board. Master Sergeant XXXX  believes Marines in the military occupational specialty (NOS) 8412 were placed in the promotion zone without meeting the minimum time in grade (TIG) requirement of 3 years for promotion to master gunnery sergeant. Subsequently, all Marines placed in the promotion zone were passed over for promotion to master gunnery sergeant.

2. After reviewing Master Sergeant XXXXX request and the appropriate select4on, board records, it has been determined that Master Sergeant as properly considered for promotion to master gunnery sergeant by the FY 2004 Reserve Staff Noncommissioned Officer Selection Boards. Per reference (b), paragraph 3105, there is no minimum or maximum number of selections that must come from the above and promotion zones, separately or combined. Furthermore, the confidentiality of the selection board process precludes anyone, other than the board members, from knowing the exact reason why Master Sergeant XXXX as not selected for promotion. It can only be inferred that, based upon a majority vote of the board members, his record was not as competitive as the Marines selected for promotion in his MOS, 8412.

3.	Paragraph 1202 of reference (b) establishes time-in-grade/time-in-service (TIG/TIS) requirements for promotion, not eligibility for selection. Master Sergeant XXXX as eligible for selection to MGySgt by virtue of his date of rank being

Subj:	ADVISORY OPINION IN THE CASE OF MASTER SERGEANT XXXXXX

within the “promotion zone” population set forth in reference (c)	. The zones and allocations for each Occupational Field (OccFld) were determined by the Reserve Affairs Policy Branch
(RAP) and we defer further comment on this issue to that office.

4.	Based on the foreqoinq, and in accordance with reference (b), Master Sergeant XXXX not eligible for remedial consideration for the FY 2004 Reserve Staff Noncommissioned Officer Selection Board.

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

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