D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 8484-98
23 March 1999
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 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 23 March 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 1760 MMSR-6J of 2 February 1999, 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 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 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.
t
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF T H E NAVY
HEADQUARTERS U N I T E D STATES M A R I N E CORPS
3 2 8 0 R U S S E L L ROAD
QUANTICO, V I R G I N I A 22 134-5 1 0 3
I N REPLY REFER TO:
1760
MMSR-6J
2 Feb 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Ref:
(a) MMER Route Sheet of 12Jan99, D
2. The AFADBD is based on periods of active duty only. 7 record shows that he served on active duty from
*
*
Reference (a) requests an advisory opinion on-
& petition to change his Armed Forces Active Duty Base Date
(AFADBD) .
23 Julv 1986 thru 22 Julv 1990, and from 31 January 1991 thru the
present. Therefore,
AFADBD is correct as
shown in his record and no correction is warranted.
retirement plan used to compute a member's retired pay. - record shows that he originally entered the
3. Title 10 U.S. Code, Section 1411 states that 'a person shall
be considered to first become a member of a uniformed service on
the date the person first enlisted, inducted or appointed in a
uniform service." Thus, a break in service does not change the
armed forces on 13 August 1985. His retired pay will be computed
under the "High 3" method which will provide 50% of the average
highest base pay of his last 3 years of active service.
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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