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NAVY | BCNR | CY2005 | 09574-05
Original file (09574-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51O0

 TRG
 Docket No: 9574-05
12 February 2007







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 6 February 2007. 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.
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.
You reenlisted in the Marine Corps Reserve on 30 September 1980 following about an 11 month period of broken service. At that time, you were credited with seven years of qualifying service for reserve retirement purposes. You then served 10 consecutive qualifying years for reserve retirement purposes.
On 10 June 1988, you reenlisted for two years and subsequently extended this enlistment for 12 months. Inexplicably, on 28 December 1990 you transferred to the Individual Ready Reserve (IRR). On 16 February 1991 you were mobilized and served for about 66 days. On 9 June 1991 you were honorably discharged at the expiration of your enlistment as extended.
As indicated in the enclosed Reserve Retirement Master Control Card, you have been credited with 17 years, 8 months and 10 days of Qualifying service for reserve retirement. Since 20 years of qualifying service is required, you are not eligible for reserve retired pay.
There is no explanation in the record, and you have provided none, to explain why you transferred to the IRR on 29 December 1990, and why you then waited for over 14 years to attempt to resolve this matter. The Board believed that the statement of service is substantially correct and you are not eligible for reserve retirement. If you have evidence of additional qualifying service, you should provided that evidence to Headquarters Marine Corps.




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 PFEIFFER
Executive Director
Enclosure
























2

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