DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OFNAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 747-01
23 October 2001
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 17 October 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 Headquarters, U.S. Marine Corps, dated 14
February 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
; ‘-1
..J
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
:
i
IN REPLY REFER TO:
176 0
MMSR-6J
14 Feb 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj
:
Ref:
(a) MMER Route Sheet of
(b) Title 10, U.S. Code, Section 1174
(c)
(d)
SecNav Inst
MC0
1900.7G
P1040.31H (Enlisted Career Planning and Retention
6FebO1, Docket No.
0747-01
-
Manual)
) requests an advisory opinion on Gunnery
request for reassignment to active duty for 90
medical processing.
Gunnery Sergeant
transferred to the Fleet Marine Corps
(FMCR) on 31 December 2000 mandated by the provisions of
(b),
2.
Reserve
the Enlisted Career Force Control P
Gunnery Sergeant
and
retirement date was
30 September
granted, an extension to 31 December 2000.
Gunnery Sergeant -requested a further extension to 28
February 2001.
(references
riginal mandatory
That request was denied.
He requested, and was
On 29 December 2000,
2000.
(d)
ly).
app
(c),
Gunnery Sergeant
3.
authority in accordance
requests for extensions were duly considered according to policy
and regulations
Any medical issues resulting from
Gunnery Sergeant
cognizance of the Department of Veterans Affairs
as
current laws and regulations.
transferred to the FMCR by proper
His
military service would now be under the
(DVA).
wit
4 .
Sergeant
Therefore, we must regretfully recommend that Gunnery
petition not be granted favorable consideration.
5 .
Point of contact is M
MMSR-2E, 784-9324.
By direction
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