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NAVY | BCNR | CY2005 | 06856-05
Original file (06856-05.doc) Auto-classification: Denied



                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                             2 NAVYANNEX

      WASHINGTON DC 20370-5100

      LCC
      Docket No. 6856-05
      18 Oct 05







        This is in reterence 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 CMC memorandum,
        1610 G-l, 29 September 2005, 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. 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,




                                                   W. DEAN PFIEFFER

        Enclosure





                         UNITED STATES MARINE CORPS
                       MARINE CORPS RECRUITING COMMAND
                              3280 RUSSELL ROAD
                           QUANTICO VA 22134-5103
      IN REPLY REFER TO:


1610

                                                                          G-
1
                                                   SEP 29 2005

MEMORANDUM FOR THE     EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
                    RECORDS

Subj: ADVISORY_OPINION IN THE CASE OF


Ref:  (a) MCO ll3O.80A

1.    We were asked to provide an advi~sory opinion on request to adjust
his Date of Rank (DOR) within the  Marine Corps Total Forces System (MCTFS)

2. Per the reference, the DOR for a nonobligated reserve Marine sergeant
reenlisting in the active component will be the date of reenlistment.
Sergeant     reenlisted in the active component on 29 December 2004.
Therefore, Sergeant DOR in MCTFS should be adjusted to 29 December 2004. He
should receive all backpay and allowances accordingly.

    4. Point of contact for additional information is First Lieutenant at
       DSN 278-9429 or commercial





                                             By direction

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