DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2NAVYANNEX Docket No: 4455-05
WASHINGTON DC 20370-5100 20 October 2005
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 18 October
2005. 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 Headquarters Marine Corps, a copy of which is enclosed.
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
w.
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY
REFER TO:
1600
CMT
~
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: RESERVE AFFAIRS DIVISION ADVISORY OPINION ON BCNR ~E OF ~
Ref: (a) DD Form 149 dtd 16 May 05
(b) BCNR request for advisory opinion of 16 June 05
(c) DOD 7000.14-R, Volume 7A
(d) MCO P1O4OR.35B
1. Per references (a) and (b), we have reviewed former request to
return to duty with the Selected Marine
Corps Reserve and do not recommend approval based upon the following:
a. A review of the petitioners s record indicates that he
served satisfactorily in the Army National Guard from 20 Jul 90
through 19 Oct 93. During this period, - was credited with three
qualifying years of service in his Marine Corps Career Retirement
Credit Record (CRCR) when he enlisted in the Marine Corps Reserve, has
thus accumulated 11 qualifying years of service in the Marine Corps
Reserve, bringing his total qualifying years of service to 14.
b. Per paragraph OlOlOl.C-4 of reference (c), service in the
Army National Guard is creditable for pay and retirement purposes
within the Department of Defense. Per paragraph 5200.1 of reference
(d), Sergeants are limited to 13 total years of qualifying service
regardless of service component. As a result of combined service
exceeding 13 qualifying years he has reached service limitations and
is no longer eligible for future service in the Marine Corps Reserve.
2. Point of contact at Reserve Affairs is Gunnery Sergeant •at
or DSN 278—0513.
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