Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 05934-03
Original file (05934-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   NAVAL  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:ecb 
Docket No:  5934-03 
15 October 2003 

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  15 October 2003.  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  CMC  memorandum  140013 MMPR-2 dated  26 August 2003, a copy of 
which  is attached. 

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. 

Sincerely,, 

Enclosure 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 
MANPOWER AND RESERVE AFFAIRS DEPARTMENT 

HARRY LEE HALL, 17 LEJEUNE ROAD 

QUANTICO, VIRGINIA 22134-5104 

IN REPLY  REFER TO: 

1400/3 
MMPR-2 
26 Aug 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  ADVISORY OPINION IN THE CASE OF 

Ref: 

(a) BCNR Docket number 5934-03 

1. 
private first class. 

asserts he should be promoted to the rank of 

2.  Research of records indicate -was 
the rank of private first class on 1 April 1980.  He received 
nonjudicial punishment on 25 April 1980 and was awarded 
reduc t io 
months. 
16 February 1982 and was reduced to the rank of private. 

This reduction was suspended for 4 
then received a summary court martial on 

promoted to 

3.  There is no record of promotion to the rank of lance 
corporal 
the rank 

'ghest permanent rank achieved, and 

,  was private. 

Major, U. S. Marine Corps 
H t - a d ,   Enlisted Pxomoeion Section 



Similar Decisions

  • NAVY | BCNR | CY2003 | 07203-03

    Original file (07203-03.pdf) Auto-classification: Denied

    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. 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. ~r.-e~uests DD 214 to verify his rank of corporal.

  • NAVY | BCNR | CY1998 | 07204-98

    Original file (07204-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 1999. In addition, the Board considered the advisory opinion furnished by CMC memorandum 140013 MMPR-2 of 8 December 1998, a copy of which is attached. 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.

  • NAVY | BCNR | CY1999 | 03623-99

    Original file (03623-99.pdf) Auto-classification: Denied

    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. 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. Unit Diary action has been taken by this Headquarters to correct the PFC date of rank to its proper effective date as...

  • NAVY | BCNR | CY2003 | 02269-03

    Original file (02269-03.pdf) Auto-classification: Denied

    V I R G I N I A 2 2 134-5 f 0 3 1N R E P L Y REFER TO: 1610 MMER/ PERB SEP 1 6 2003 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLIC SERGEANT -, U h N IN THE CASE OF S M C Ref : (a) S (b) MCO P1610.7E w/Ch 1-4 t . Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine Corps DEPARTMENT OF...

  • NAVY | BCNR | CY2001 | 00229-01

    Original file (00229-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY1999 | 03636-99

    Original file (03636-99.pdf) Auto-classification: Denied

    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 CMC memorandum 140013 MMPR-2 of 19 July 1999, a copy of which is attached. Per paragraph 1204.3 of reference (b), it states that the assignment to weight control is a promotion restriction, therefore he was not eligible for...

  • NAVY | BCNR | CY2002 | 09980-02

    Original file (09980-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2003 | 03176-03

    Original file (03176-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your nayal record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by ~eadquarters Marine Corps dated 11 April 2003, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 00878-01

    Original file (00878-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of chief warrant officer-3 (CWO-3) he would have been assigned had he been selected for promotion to that grade by the Fiscal Year (FY) 1999 CWO-3 Selection Board, vice the FY 2001 CWO-3 Selection Board. &rt in Section...

  • NAVY | BCNR | CY2003 | 02041-03

    Original file (02041-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2003. 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. The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member's acceptability for reenlistment at the...