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

LCC
Docket No. 5759-07
11 Dec 07

	  Dear

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 10 December 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 of 30 October 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,

									W. DEAN PFEIFFER
									Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJELJNE ROAD
                                                                 QUANTICO, VIRGINIA 22134-51 04

	
			IN REPLY REFER TO:
	14 00/3
	MMPR-2
	30 OCT 2007
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj 

Ref: (a) BCNR Docket Number 5759-07 of 4 Oct 07
(b)	NAVMC 118(5) from SNM’s service record book
(c)	MCO P1400.29 (ENLPROMMAN)

1.	Per reference (a) , 11 ‘*11I~ asserts he should have been promoted to the rank of staff sergeant based on passing the general military subjects test (GMST) and the technical test (TT)

2.	Reference (b) verifies .j1P1U.....J1,~ passed the general military subjects test (GMST) and technical test (TT) on 9 November 1953. Paragraph 3010.3a of reference (c) states the following must be achieved prior to promotion to staff sergeant.

(1)	Complete the minimum service in grade requirement as established by the Commandant of the Marine Corps.
(2)	Pass an appropriate GMST.
(3)	Have a composite score equal to or above the minimum established for his occupational field.
(4)	Be otherwise qualified as determined by his commander.

3.	Based on the information above, passing the GMST is only one of the qualifying factors for a Marine to be promoted to the rank of staff sergeant. Though record indicates he met the time in grade requirement and passed the GMST, there is no indication that he met the composite score requirements. Furthermore, reference (b) also verifies that  became qualified for promotion to staff sergeant on 28 December 1954. He was released from active duty on 29 July 1954 and the promotion period in which he qualifies for promotion was after his release from active duty.

4.	Based on the foregoing, it is recommended record remain unchanged.