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NAVY | BCNR | CY2005 | 04455-05
Original file (04455-05.doc) Auto-classification: Denied

                           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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