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

LCC
Docket No. 3326-06
1 Nov 06

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 31 October 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 furnished by CMC memorandum 1400/3 MMPR-2, 12 October 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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 UMTED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
	HARRY LEE HALL, 17 LEJEUNE ROAD	
QUANTICO, VIRGINIA 22134-~ 104

	IN REPLY REFER TO:
	1400/3
	MMPR-2

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

Subj:	ADVISORY, OPINION IN THE CASE

Ref:	(a) BCNR Docket Number 03326-of 12 APR 06
(1) MCO P1400.32C, ENLPROMMAN

1.	Per reference (a), First XXXX request remedial promotion to sergeant major for the FY 2005 and FY 2006 Reserve Staff Noncommissoned Office Selection Boards because he bleives he was not found fully qualified for promotion to sergeant major due to having over 18 years of active duty service.

2.	A review of our selection board records showed First Sergeant Novinec was properly considered in the promotion zone by both the FY 2005 and FY 2006 Reserve Staff Noncommissioned Officer Selection Boards. First Sergeant - was qiven a fair and impartial brief Ii~ his lnteitded Occupational Field (OccFld) of 9999. Promotion to sergeant major in the Selected Marine Corps Reserve (SMCR) is vey competitive; ~Sth the following selection rates:

FY 2005: (IZ) 33% selection rate (14 allocations, 42 considered)

FY 2006: (IZ) 37.3% selection rate (25 allocations, 67 considered)

3. 	The confidentiality of the selection board process precludes knowing the exact reasons why Marines are not selected. It can only be inferred that, based upon a majority vote of the board members, the records of those Marines not selected for promotion are not as competitive as the records of those Marines who are selected.

	4.	Based on the foregoing, First Sergeant XXXX does not meet the criteria contained in paragraph 3602 of reference (b) . We must, therefore, recommend First Sergeant XXXX request for remedial consideration not be granted favorable consideration.