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NAVY | BCNR | CY2001 | 03779-01
Original file (03779-01.pdf) Auto-classification: Denied
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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