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 NAVY ANNEX
WASHINGTON DC 20370-51 00
LCC: tj
Docket No: 3636-99
10 August 1999
Dear LANCE CORPORAL
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 10 August 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 140013 MMPR-2 of 19 July 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.
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 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5 104
IN REPLY REFER TO
1400/3
MMPR-2
19 Jul 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subi: ADVISORY OPINION IN THE CASE LANCE CORPORAL
Ref:
(a) DD Form 149 of 5 May 99
(b) MCO PI400 .'32B (Enlisted Promotion Manual)
1. Through reference (a) , Lance corporal
remedial consideration for the backdate of his promotion to private
first class with backpay. He states he was not recommended for
promotion to private first class for 1 July 1998 because he was
assigned to weight control. He further states that although he
signed a page 11 entry of acknowledgment, it was not reported in
the Marine Corps Total Force System (MCTFS) therefore he feels that
he rated the promotion to private first class for 1 July 1998 with
backpay.
has requested
2 . Although the assignment to weight control was not entered in
the MCTFS, it is evident in Lance corporal-
that he signed a page 11 entry on two occasions (980701 and 980722)
to acknowledge the nonrecommendation for promotion to private first
class due to his assignment to weight control. Per paragraph
1204.3 of reference (b), it states that the assignment to weight
control is a promotion restriction, therefore he was not eligible
for promotion.
service record
3. In view of the information contained in paragraph 2 aI:,rwe,
recommend his petition be denied.
Promotion Branch
By direction of
the Commandant of the Marine Corps
NAVY | BCNR | CY1999 | 03623-99
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. 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. Unit Diary action has been taken by this Headquarters to correct the PFC date of rank to its proper effective date as...
NAVY | BCNR | CY1998 | 07204-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 1999. In addition, the Board considered the advisory opinion furnished by CMC memorandum 140013 MMPR-2 of 8 December 1998, a copy of which is attached. 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.
NAVY | BCNR | CY2002 | 03951-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. request contains two prior service with the same date phonecon with Per a time of was discharged...
NAVY | BCNR | CY2001 | 04908-99
On 5 May 1998 Petitioner was erroneously assigned to the Promotion photos dated 25 February 1998 weight control program. report was removed from his record on 22 April 1999. enclosure (4). See This h. On 26 February 1999 Petitioner requested remedial consideration for promotion to staff sergeant based on the removal of the erroneous remark pertaining to being in the weight control program.
NAVY | BCNR | CY2006 | 01049-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: ADVISORY OPINION IN THE CASE OF In order to be promoted to lance corporal, a Marine must have at least eight months time in grade.
NAVY | BCNR | CY2003 | 05934-03
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. 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,, Enclosure DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS MANPOWER AND RESERVE AFFAIRS...
NAVY | BCNR | CY2002 | 06097-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2003. 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. opinion furnished by CMC...
NAVY | BCNR | CY2003 | 03823-03
MCTFS and medical records supports her commander's action that appears to have followed appropriate administrative procedures when she was assigned to the weight control program on 19970818. The ACHCP commented on her medical The information recorded to her However, the Marine Corps Subj: SE OF CORPORA b. It may be possible that an entry was entered in her medical records to support her initial assignment, not available in her application.
NAVY | BCNR | CY2001 | 02208-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 June 2000. opinion furnished by CMC memorandum attached. 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.
USMC | DRB | 2002_Marine | MD02-00999
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Copy of DD Form 215 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USMCR(J) 961025 - 961103 COG Period of Service Under Review :Date of Enlistment: 961104 Date of Discharge: 991222 Length of Service (years, months, days):Active: 03 01 19 Inactive: None 991203: Commanding...