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

LCC
Docket No. 42-07
14 Mar 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 13 March 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 NMPR-2, 1 February 2007, 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,

     			 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

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

Subj:	ADVISORY OPINION IN THE CASE OF 

Ref:	(a) BCNR Docket Number 00042-07 of 29 Dec 06
(b) MCO Pl400.32D, ENLPROMMAN

1.	Per reference (a) XXXXX , requests backdate/remedial consideration for promotion to gunnery sergeant by the FY 2004 Gunnery Sergeant Selection Board due to having an inaccurate fitness report removed from his record.

2.	A review of the selection board records indicates was properly considered but not selected by the FY 2004 Gunnery Sergeant Selection Board. Per reference (b), paragraph 3602.3, due diligence requires that a Marine identify errors, discrepancies or an injustice in his or her record in a timely manner and initiate appropriate corrective action. Accordingly, a Marine’s request for remedial consideration must detail the steps taken to ensure the completeness and accuracy of his or her official records prior to the convening of the selection board that considered but did not select the Marine. Paragraph 3602.51 of reference (b) states, when a Marine fails to demonstrate due diligence in the correction of errors or injustices in the record, or in the submission of a request for remedial promotion consideration, there is no basis for granting remedial consideration. The FY 2004 Gunnery Sergeant Selection Boar_~ convened on 19 April 2004. Further research showed XXXXXX did not take action to have his fitness report removed until 24 October 2004. The Performance Evaluation Review Board made their final decision to remove the fitness report on 21 December 2004. Furthermore, was selected for promotion by the FY 2005 Gunnery Sergeant Selection Board.

		3. 	Based on the foregoing, XXXX does not meet the requirements for backdate/remedial consideration for promotion to gunnery sergeant by the FY 2004 Gunnery Sergeant Selection Board.

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