DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH: mh
Docket No: 803 l-01
16 July 2002
This is in reference to your application for correction of your deceased spouse
pursuant to the provisions of title 10 of the United States Code, section 1552.
’s naval record
A three-member panel of the Board for Correction of Naval Records, sitting in executive
ou 16 July 2002. Your allegations of error and injustice
session, considered your application
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 spouse
and applicable statutes, regulations and policies.
opinion furnished by CMC memorandum 1760 MMSR-6J of 2 April 2002, a copy of which is
attached.
’s naval record
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 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE
3280 RUSSELL ROA
D
QUANTICO,
VlRGlNlA 22
134-S
Y
CORP S
103
IN REPLY REFER TO.
176 0
MMSR-6J
2 Apr 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
(a) MMER Route Sheet of
19Mar02, Docket No. 8031-01
eference requests an advisory opinion on
petition to correct her husband's record
retired Marine, enrolled in the Survivor Benefit Plan
(SBP) with spouse coverage when he died on 12 September 1994.
ervice record shows that he served in the
eptember 1956 through 22 December 1964 when
He was not re-
he was discharged as a sergeant, pay grade E-5.
tired from the Marine Corps and never attained the
Warrant Officer W-4.
petition showing a release 'from active duty in 1983 contains many
errors, inappropriate entries and inconsistencies.
obviously
The DD Form 214 enclosed with
not a valid document.
This paper is
was married,
58, and later
r were married
nclosed implies that
"retired" is not
Chief Warrant Officer W-4
1983.
Marine Corps cannot be verified at
, states that she and former
on 6 January 1983.
The invalid DD
was released from active
on 11 March
retirement from the
this Headquarters.
We must, therefore,
5.
be granted favorable consideration.
recommend that
petition not
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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