DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 220800
13 June 2000
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 13 June 2000. 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.
opinion furnished by CMC memorandum
attached.
In addition, the Board considered the advisory
1400/3 MMPR-2 of 8 May 2000, a copy of which is
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.
the members of the panel will be furnished upon request.
Accordingly, your application has been denied. The names and votes of
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.
to keep in mind that a presumption of regularity attaches to all official records.
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.
In this regard, it is important
Consequently,
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Directo
r
c
DEPARTMENT OF THE
HEADQUARTERS UNITED STATES
MANPOWER AND RESERVE
AFFAJRS
NAVY
MARINE CORPS
DEPARTMJZNT
HARRY LEE HALL, 17 LEJEUNE ROAD
VIRGINIA 221344104
QUANTICO,
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ADVISORY OPINION IN THE CASE
148 42 8721 FORMER MARINE
OF'
Ref:
(a) DD Form 149 of 17 Mar 00
1
to show that he was promoted to the grade of corporal prior to
his discharge from the Marine Corps.
requests correction of his military service records
(PFC) with a date of rank of 1 October
as a result of a special
court-
official
ed in the Marine
He was promoted to
1'968;
The punishment
grade and
as promoted
1970. On
We conducted a thorough review o
The research revea
2.
military record.
Corps on 29 May 1968 at the grade of private.
private first class
however, on 30 September 1969,
martial, he was reduced to the grade of private.
later was set aside, which enabled him to
original date of rank of 1 October 1968.
to lance corporal with a date of rank of 1
2 April 1970, he was found guilty of
Code of Military Justice
class.
grade of corporal.
on 30 April 1970 at the grade of private first class.
There is no record of Mr.
& Article 15 of the Uniform
(UCMJ), and reduced to private first
.-being promoted to the
He was honorably discharged from active duty
3.
We recommend his petition be denied.
r/;romotions
Head , Enlisted
Promotion Branch
By direction of
the Commandant of the Marine Corps
NAVY | BCNR | CY2005 | 10364-05
Additionally, the Board for correction of Naval Records (BCNR) has not removed the administrative reduction from XXXX record. You requested we provide an advisory opinion on Corporal Ramirez’s (hereinafter “Applicant”) application to reinstate his previous rank of Sergeant (Applicant was administratively reduced to Corporal) -2. Applicant claims he was reduced to Private First Class (PFC), but there is no documented evidence in Applicant’s record stating this reduction took place.4.
NAVY | BCNR | CY2006 | 01049-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: ADVISORY OPINION IN THE CASE OF In order to be promoted to lance corporal, a Marine must have at least eight months time in grade.
NAVY | BCNR | CY2006 | 00610-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2007. 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. Applicant fails to provide substantial evidence of probable material error or injustice in support of his application.3.
NAVY | BCNR | CY2006 | 08600-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2007. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Nevertheless, on 17 November 1969 you received your sixth NUP for failure to obey a lawful order and were awarded restriction and extra duty for 14 days. The record further reflects that on 1...
NAVY | BCNR | CY2003 | 05934-03
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. 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,, Enclosure DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS MANPOWER AND RESERVE AFFAIRS...
NAVY | BCNR | CY2002 | 03951-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. request contains two prior service with the same date phonecon with Per a time of was discharged...
NAVY | BCNR | CY1999 | 03636-99
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 140013 MMPR-2 of 19 July 1999, a copy of which is attached. Per paragraph 1204.3 of reference (b), it states that the assignment to weight control is a promotion restriction, therefore he was not eligible for...
NAVY | BCNR | CY2001 | 04718-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2001. IN REPLY REFER TO: 1400/3 MMPR-2 13 Mar 01 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS ADVISORY OPINION IN THE CASE OF FORMER - ‘ a retired Marine indicates that he completed his he grade of probationary corporal and should have been promoted to the grade of sergeant prior to his retirement from the Marine Corps on 22...
NAVY | BCNR | CY2002 | 06097-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2003. 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. opinion furnished by CMC...
NAVY | BCNR | CY2003 | 07203-03
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. 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. ~r.-e~uests DD 214 to verify his rank of corporal.