DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 TRG
Docket No: 3779-01
24 April 2002
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
23 April 2002. 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
Headquarters Marine Corps, dated 15 June 2001, a copy of which is
enclosed and your rebuttal thereto dated 11 August 2001.
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 was aware that there may have been problems with the
crediting of retirement points in the early 1980's. However, the
Board believed that you should not have waited for 20 years to
request a correction to your record to make the anniversary year
ending 5 June 1981 qualifying for reserve retirement. The Board was
aware that there is a fitness report gap in the record for that
anniversary year and there is nothing else in the record to support
the crediting of retirement points for that period. Therefore, 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
3 2 8 0 RUSSELL ROAD
QUANTICO. VIRGINIA 22134-5103
IN REPLY REFER TO:
1600
CMT
15 June 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: RESERVE AFFAIRS ADVISORY OPINION ON BCNR APPLICATION;
CASE OF
Ref:
(a) ECNR ltr ~ ~ G / ~ o c k e t
(b) MCO P1080.40A Marine Corps Total Force System
No: 3'779-01 dtd 4 Jun 01
Personnel Reporting Instructions Manual (MCTFSPRIM)
1. Per reference (a) , recqmmend
16 reserve retirement credit points to anniversary year
19800606-19810605 be denied. The following justification is
provided.
request to add
2. Per reference (b), changes to a Career Retirement Credit
Report "must be accompanied by supporting documentation (muster
sheets, orders or historical NAVMC 798) to substantiate any
correction" .M
documentation. A review of colonel-
date gap from 19790730-19810409.
has provided no supporting
record indicates a
3 . If proper documentation to support the entry of the reserve
retirement credit points is provide w, this
request will be reconsidered.
4 . P ~ i n t of contact is ~ a j o -
at (703)-.
By direction
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