D E P A R T M E N T O F T H E N A V
BOARD FOR CORRECTION OF NAVAL RECORD
2 N A W ANNEX
WASHINGTON DC 20370-5100
LCC: tj
Docket No: 42 14-99
17 August 1999
This is in reference to your application for correction of you
provisions of title 10 of the United States Code, section 155:
- naval record pursuant to the
A three-member panel of the Board for Correction of Naval
session, considered your application on 17 August 1999. Yc
were reviewed in accordance with administrative regulations
proceedings of this Board. Documentary material considera
application, together with all material submitted in support tl
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by CMC Memorandum 140013 MMPR-2 f 28 July 1999, a copy of which is
attached.
Records, sitting in executive
ur allegations of error and injustice
and procedures applicable to the
by the Board consisted of your
ereof, your naval record and
After careful and conscientious consideration of the entire r ord, 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 concurr with the comments contained in
the advisory opinion. Accordingly, your application has bee denied. The names and votes of
the members of the panel will be furnished upon request. r
f
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 u n submission of new and material
ard. In this regard, it is important
evidence or other matter not previously considered by the
1 official records. Consequently,
to keep in mind that a presumption of regularity attaches to
when applying for a correction of an official naval record, t e burden is on the applicant to
demonstrate the existence of probable material error or injus ice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF T H E NAVY
HEADQUARTERS U N I T E D S ~ A T E S MARINE
C 3 R P S
3280 R U S S E L L ROAD
QUANTICO, VIRGINIA 22 134-5 103
IN R E P L Y R E F E R TO:
1400/3
MMPR - 2
28 Jul 99
MEMORRNDUM FOR THE EXECUTIVE DIRECTOR, BOARS FOR CORRECTION OF
NAVAL RECORDS
Subj : ADVISORY OPINION IN THE CASE OF 0
I
k
Ref: (a) Pl4OO. 32A (Enlisted Promotion Manual)
-
properly promoted to lance corporal with a
1. -was
date of rank of 2 September 1993 and effective date of 1 October
1993. Marines who are meritoriously promoted as a result of being an
honor graduate at recruit training or formal schools are properly
promoted for pay purposes effective the date of graduation. The date
of rank is adjusted to the second day of the month, however, for pay
purposes the effective date cannot be antedated.
2. Per paragraph 2400.5 of the reference, I n eritorious promotions to
PFC and LCpl effected under the provisions of Section 2 of Chapter 4
are not entitled to remedial adjustment of their effective dates of
promotion for pay purposes. These promotions are properly effected
for pay under the special provisions provided which do not normally
occur on the 1st day of a month; therefore, they should not be
misinterpreted as an administrative error b the command.
3. Since
effective
denied.
ler 1993, the
his petition
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