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NAVY | BCNR | CY2000 | 04281-00
Original file (04281-00.doc) Auto-classification: Denied

                           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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