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

LCC
Docket No. 9101-06
11 Jan 07

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 9 January 2007. 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, 20 November 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,

ROBERT D.ZSALMAN
Acting 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
										20 Oct 2006

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

Subj:	ADVISORY OPINION IN THE CASE OF STAFF SERGEANT

Ref:	(a) BCNR Docket Number 9101-06 of 13 Oct 06
(b) MCO P1400.32D, ENLPROMMAN

1. Per reference (a) requests remedial promotion to gunnery sergeant for the CY 1999 Reserve Staff Noncommissioned Officer (SNCO) Selection Board in the Active Reserve (AR) component. request is based on his Armed Forces Active Duty Base Date (AFADBD) being corrected in the Marine Corps Total Force (MCTFS) in July 2005 to reflect April 5, 1985.  asserts that his AFADED adjustment would have made him eligible for promotion consideration for the CY 1999 Reserve SNCO Selection Board AR.

2.	A review of  records found that he was eligible for promotion consideration by the CY 1999 and 2000 Reserve SNCO Selection Board AR in the below zone (BZ). Paragraph 3602.5m of reference (b) states that there is no entitlement to remedial consideration for Marines who were considered for promotion selection by their respective boards in the below zone. Subsequently, was properly considered for promotion selection by the CY 2001 Reserve SNCO Selection Board AR in the promotion zone (IZ) and by the FY 2004 and FY 2005 Reserve SNCO Selection Boards in the above zone (AZ), but was not selected to the next higher grade.

3.	 request does not satisfy the criteria contained in paragraph 3602 of reference (b) Accordingly, his request for remedial promotion consideration is denied.

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