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NAVY | BCNR | CY2001 | 00568-00
Original file (00568-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 568-00
12 June 2000

Dear 

s

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 7 June 2000.
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.

Your allegations of error and

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.

The Board found that you enlisted in the Marine Corps on 16
November 1943 at age 18 and served until you were honorably
discharged on 22 March 1946.
War you submitted an application for a commission in the Marine
Corps Reserve.
(HQMC) directed the local officer recruiter to perform a
classification test and interview you to determine your
qualifications for commissioning.
package on 13 December 1950 stating that you had  
(your) desire for a commission."

On 10 October 1950 Headquarters Marine Corps

On 24 July 1950 during the Korean

The recruiter returned your

"not indicated

Nothing else happened on this matter until 1997, when you wrote a
letter to HQMC requesting that you be commissioned in the Marine
Corps Reserve because you desired such action before you died.
You stated at that time that you could not appear before the
interview board because your wife was 111 and had spent 15 months
in the hospital.
On 15 April 1998 HQMC denied your request for a
commission stating, in part, as follows:

. 

. The record shows you applied for a commission in

. 
the Marine Corps Reserve and your application was

You were requested to appear before the

approved.
Officer Procurement Interview Board, however, you did
not report as requested and it was assumed you were no
longer interested.
commissioned as an officer.

You were never actually

Qualifications for appointment as a commissioned

officer under United States Code, Title 10,
specifically states that an individual appointed must
be able to complete 20 years of commissioned service
before his fifty-fifth birthday.  

.
. . 

Although it is unfortunate that you could not complete the
commissioning process,
almost 50 years since the events at issue precludes favorable
consideration of your request for commissioning.
your application has been denied.
members of the panel will be furnished upon request.

the Board believed that the passage of

The names and votes of the

Accordingly,

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 PF'EIFFER
Executive Director

2



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