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NAVY | BCNR | CY1998 | 06583-98
Original file (06583-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
0OARD FOR CORRECTlON OF NAVAL RECORDS 

2 NAW ANNU( 

WASHINGTON. D.C. 20370-5100 

JLP:ddj 
Docket No:  6583-98 
5 January 1999 

Dear 

This is in reference to your application for correction of  your  naval  record  pursuant to the 
provisions of  title  I0 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  5 January  1999.  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 5000 MPO-41 of  25 November  1998, 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  rricmbcr~ 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, 

W.  DEAN  PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT OF THE N A W  

HEAWUARTERS UNITED STATES MARINE CORPS 

2 N A W  ANNEX 

WASHINGTON.  DC 20380-1775 

IN REPLY  REFER TO 

MEMORANDUM  FOR  THE  EXECUTIVE  DI'RECTOR,  BOARD  FOR  CORRECTION  OF 

NAVAL  RECORDS 

Ref :  (a)  Conversation btwn ssgt-?4p0 

-MMSR 

on 20 Nov 1998 

and Major 

Encl: (1)  ~s~t- 

Form 1330 of 10 Jun 98 

1.  Recommend the petitioner's request be denied. 

2.  Per enclosure  (I), the petitioner requested and received a 
retirement date of 31 August 1998. Consideration was given to 
adjusting his retirement date which would have provided payment 
of one month's pay as a Master Sergeant; however he elected to 
retire on 3 1  August 1998 as a Gunnery Sergeant instead.  Given 
his request he is not entitled to any further pay from the U.S. 
Government. 

- 

3.  Manpower Policy point of contact is SSgt 



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