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NAVY | BCNR | CY1999 | 06756-98
Original file (06756-98.pdf) Auto-classification: Denied
Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 6756-98
12 May 1999

Dear Master Sergeant

-

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.

Your allegations of error and

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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
opinions furnished by Headquarters Marine Corps dated 23 October
1998, 2 March 1999 and 18‘March 1999, copies of which are
enclosed, and your rebuttal dated 22 November 1998.

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.
concurred with the comments contained in the advisory opinions.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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

3280  RUSSELL ROAD
 

QUANTICO, VIRGINIA 22

134-5  103

 

TO:

IN REPLY REFER
1040
RAM-5
18 Mar 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E CASE OF MASTER SERGEANT
USMCR;

SUBJ: INCREASE RETIREMENT

Ref:

(a) MMER Route Sheet

of  18 Feb 99, Docket No. 6756-98

In response to reference

1.
provided.

(a), the following comments are

SECNAV INST. 1820.2 identifies the current Reserve Enlisted

2.
Retirement Policy which states that Marines in the grade of
Gunnery Sergeant or above,
must serve two years in their current
pay grade prior to transfer to retirement status.
MC0 1900.16
outlines an additional prerequisite for inactive duty personnel,
requiring them to earn a minimum of 50 retirement points to
satisfy each year of the service-in-grade requirement.
Sergeant 
points in current grade during the last two years of his reserve
service prior to his transfer to retirement status.
It is our
advisory opinion therefore,
that his petition for extension of
his contract for the purpose of increasing his retirement pay to
the grade of E-8 be disapproved.

B did not attain the required 50 qualifying

Master

3 .
Sergeant- at  

The point of contact concerning this matter is Master

corn1 (703) 784-9127 or DSN 278-9127.

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES

3280RUSSELL ROA

QUANTICO, VIRGINIA 22

 

134-5  103

 

MARINE  CORPS
D

MMSR-6J
2 Mar 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF GUNNERY SERGEANT

,USMCR ( RET.)

 

w

Ref:

(a) MMER Route Sheet of  

18Feb99, Docket No. 6756-98

Reference (a) requests an advisory opinion on Gunnery

1.
Sergean- petition with regard to his retirement rank.

As stated in our advisory opinion of 28 October 1998,

2.
Sergean
Gunnery 
time in grade a
regretfully recommend that his petition not be granted favorable
consideration.

did not serve the required qualifying
sergeant.

We, therefore, must

We defer further opinion to the Reserve Affairs

3.
Retention Section (RAM-5) regarding Gunnery  
latest request to reenlist in the Marine Corps Reserve.
qualifications and eligibility for reenlistment are under the
cognizance of Code RAM-5.

Sergean

Manpower,

.

Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280RUSSELLROA

D
QUANTICO,  VIRGINIA 22134-510

3

IN 

REym(jE” TO:
MMSR-6J
23 

Ott 98

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E CASE OF GUNNERY SERGEANT  
USMCR (RET.)

‘

Ref:

(a) 

MMER'Route  Sheet of  

160ct98, Docket No. 6756-98

1 . Reference (a) requests an advisory opinion on Gunnery
Sergeant

petition with regard to his retirement rank.

While serving in the rank of master sergeant
2.
Individual Ready Reserve (IRR), Gunnery Sergeant
requested transfer to the Retired Reserve wi
He was transferred to that status on
1996.
Gunnery Sergeant
rank of gunnery sergeant.
have the required two  
sergeant to be retired at that rank and pay grade.

cualifyinq years in the grade of master

h

the

He was transferred as

he requested.

recieved at this Headquarters

No request for cancellation was  

2.
subsequent to (then Master Sergeant)
retirement.
status in the IRR prior to retirement did not prevent him from
earning the necessary qualifying years in the grade of master
sergeant.
performed Active Duty Special Work (ADSW) coordinated through the
Marine Corps Reserve Support Command (MCRSC), or completed Marine
Corps Institute courses to earn points for a qualifying year.

Sergeant?acould have

request for
Further, his

For example, Gunnery 

Unfortunately, Gunnery Sergeant- did not serve th

3.
required qualifying time in grade as a  
therefore, must regrettfully recommend that his petition not be
granted favorable consideration.

maste; sergeant. We,

e

Retirement Branch
By direction of the Commandant
of the Marine Corps



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