DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
Y
S
WASHINGTON DC 20370-5100
TRG
Docket No:
17 July 200
8700-01
2
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 16 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies. In
opinion furnished
is enclosed.
your naval record and applicable statutes, regulations
addition, the Board considered the advisory
by Headquarters Marine Corps, a
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
copy of which
After careful and
record, the Board
insufficient to establish the existence of probable material
error or injustice.
concurred with the comments contained in the advisory opinion.
conscientious consideration of the entire
found that the evidence submitted was
In this connection the Board substantially
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
(DVA).
However, the eligibility determination
Therefore, if you have been denied MGIB benefits,
The Board believes that you are eligible for Montgomery G. I.
Bill (MGIB) benefits since you were transferred to the Temporary
Disability Retired List.
is a matter under the cognizance of the Department of Veterans
Affairs
you should appeal that determination under procedures established
by the DVA.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
DEPARTMENT OF THE NAV
STATES
HEADQUARTERS UNITED
3280 RUSSELL ROA
Y
MARINE CORP
D
S
QUANTICO. VIRGINIA
22134-6
103
IN REPLY REFER TO:
1741
MMSR-6
21 Feb 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION IN THE CASE OF SERGEANT
usMc
(TEMPORARY R E TIR ED !
Ref:
1.
(a) MMER Route Sheet of
7FebO2, Docket No.
87130-01
The reference requests an advisory opinion on Sergeant
request to correct his records to show a Separation
Program Designator (SPD) Code other than the code assigned when
he was transferred to the Temporary Disability Retired List
(TDRL) on 1.6 February 2000.
Sergeant
was correctly assigned SPD Code
2.
(Mandatory transfer to the TDRL due to temporary disability)
when placed
not
retired.
oh the Temporary Disability Retired List.
as‘ he states in
l-lis petition,
dj.scharged,
He was
isut temporarily
SFKl
Sergeant
3.
with Marine
and
Retirement Manual, Appendix A.
Therefore, no
car
of
assigned SPD Code is correct in accordance
Pl901).16F, the Marine Corps Separation
r
ord is warranted.
MMSR-4, 784-9308.
Point of contact is Captain
by direction
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