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NAVY | BCNR | CY1998 | 08484-98
Original file (08484-98.pdf) Auto-classification: Denied
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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