DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 4281-00
22 May 2001
his is in reference to your provisions of title 10 of the
application for correction of your naval record
pursuant to 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 22 May
2001. 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 1040 CMT of 5 April 2001, 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
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO:
1040
CMT
5 Apr 01
MEMORANDUM FOR EXECUTIVE DIRECTOR BOARD FOR NAVAL
CORRECT IONS
Subj. ADVISORY OPINION IN THE CAS
Ref: (a) MCO P1O4OR.35 (RESERVE CAREER PLANNING MANUAL)
End: (1) SNM’s MCTFS screen RTO7 of 5 Apr 01
(2) SNM’s DD Form 4 of 23 Jun 98
1. The following comments are provided: As shown in enclosure (1),
Corpora1~ was off contract from the Marine Corps Reserve from 31
August 1991 to 22 June 1998. As provided by enclosure (2), he
subsequently reenlisted in the Marine Corps Reserve on 23 June 1998
for a period of 24 months and then executed an extension of
enlistment for a period of 3 months. Corporal - s end of current
contract was 22 September 2000.
2. Per paragraph 5104.2c of the reference, an applicant reenlisting
in the Marine Corps Reserve, after a three year separation, will be
appointed to the grade held at time of separation with date of rank
as date of reenlistment.
3. Corporal is requesting his original date of rank as a
Corporal of 1 March 1988 be reinstated. Based on paragraph
5l04.2c of the reference, this office recommends that Corporal s
date of rank as a Corporal be kept as 23 June 1998, the
date he reenlisted in the Marine Corps Reserve.
4. The point of contact for this matter i~ MasterJIMUJIJi
Sergeant at commercia
278-0547.
;enanu uo±onel
U. S. Marine Corps Reserve
Assistant Head
Career Management Team
Reserve Affairs Division
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