DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 7392-98
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.
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
Your allegations of error and injustice
140013 MMPR-2 of 17 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. 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.
:
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
c
DEPARTMENT OF THE
NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17
LEJEUNE ROAD
QUANTICO,
VIRGINIA
22134-5104
To:
IN REPLY REFER
1400/3
MMPR-2
17 May 00
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
ASE'OF SERGEANT
USMCR
(a) BCNR Memo of 18 Apr 2000
(b) OIC
(c)
MC0
Manual, paragraph 5104.2)
ltr 1160 RAM-5 of 5 Mar 98
P1040R.35B (Reserve Career Retention Planning
In reference (a)
we were asked to provide an advisory
1.
opinion on Sergeant
of rank adjusted to reflect a date of rank prior to 30 April
1998.
duty Marine Corps as a sergeant for three years, with a date of
rank of 1 May 1989,
Reserve, he should have been given a date of rank that reflected
promotion in 1993 or 1994.
when he reenlisted into the Marine Corps
equest to have his sergeant date
since he previously served in the active
He believes that,
Per reference
(b), and in accordance with the provisions of
(c), the Reserve Affairs Management Branch (RAM-5)
2.
reference
authorized the reenlistment of
Sergean
Corps Reserve at the grade of sergeant
30 April 1998, as his date of rank.
authority to backdate a date of rank that was effected by a
reenlistment back into the Marine Corps Reserve.
a.
We recommend Sergeant Ramirez's
request be denied.
The CMC (MMPR-2) has no
into the Marine
is enlistment date,
wi
Head, Enlisted Promotion Section
Promotion Branch
By direction of
The Commandant of the Marine Corps
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