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Decision Text

NAVY | BCNR | CY2001 | 07507-01
Original file (07507-01.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E  N A V Y  

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  

LCC:dc!j 
Docket  No:  7507-01 
14  May  2002 

This  is  in  reference to  your  application  for  correction of your  naval  record  pursuant  to  the 
provisions of  title  10 of  the  IJnited  States Code,  section  1552. 

A  three-member panel  of  the  Board  for  Correction of  Naval  Records, sitting  in  executive session, 
considered your  application  on  14  May  2002.  Your  allegations of  error and  illjustice were 
reviewed  in  accortlance with  atlniinistrat ive  regulations and  procedures applicable to  the 
proceedings of this  Board.  Docunwntary  ~naterial considered  by  the  Board  consisted  of  your 
application,  together  with  all  tilaterial  submitted  in  support  thereof,  your  naval  record  and 
applicable statutes,  regulations and  policies. 
opinion  furnished  by  CMC  ~nen~orandum 1500 CMT of  12  February 2002,  a copy  of  which  is 
attached. 

In  addition,  the  Board  considered  the advisory 

After  careful and  conscientious consideration of  the entire  record,  the  Board  found  that  the 
evidence submitted  was  insufficient  to  establish  the  existence of  prohable 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  menlbers of the  panel  will  be  fi~rnished upon  request.  - 

I t   is  regretted  that  the circumstances of  your  case are such  that  favorable action cannot be  taken. 
Yo11 are entitled  to  have  the  Board  reconsider its decision  upon  subniission of  new  and  niaterial 
In  this  regard,  it  is  important 
evidence or  other  matter  not  previoi~sly considered by  the  Board. 
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  niaterial  error or  ir~justice. 

Sincerely, 

W.  DEAN  PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT OF THE NAVY 

HEADOUARTERS UNITED  STATES  MARINE CORPS 

3 2 8 0  RUSSELL  ROAD 

OUANTICO. VIRGINIA  22134-5103 

IN REPLY REFER TO: 

1500 
CMT 
12 Feb 02 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTIONS 

OF NAVAL RECORDS 

IN THE CASE OF 

Ref:  (a) MCO P104 ::!-' .  .: !.  (RESERVE CAREER PLANNING MANUAL) 

1.  The following co ments are provided: 
contract from the Marine Corps Reserve from 29 August  1997 to 30 
May 2001.  He subseq ently reenlisted in the Marine Corps Reserve 
on 31 May 2001 for a period of 2 years and is currently serving 
on that enlistment.  CorporaL- 
30 May 2003. 

end of current contract is 

was off 

I" 

Y 

2.  Per paragraph 5 1 P 4 . 2 ~  of the reference, an applicant 
reenlisting in the M ~ r i n e  Corps Reserve after a three year 
separation will be a pointed to the grade held at time of 
separation with the  ate of rank matching the date of 
reenlistment. 

3.  Corporal 
as Corporal 1 
of the reference, th$s office recommends that Corpor 
date of rank as a ~okporal be kept as the date he re- 
the Marine Corps ~es&rve, 31 May 2001. 

s requesting that his original date of rank 
6 be reinstated.  Based on paragraph 5 1 0 4 . 2 ~  

4.  The point of con$act for this matter is Master Sergeant 

-at 

commercial-r 

DSN: 278-0513. 



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