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NAVY | BCNR | CY2006 | 00688-06
Original file (00688-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                               LCC
                                                                Docket No. 688-06
                                                               9 May 06




 This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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 1400/3 MMPR-2, 26 April 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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.


                                             W. DEAN PFEIFFER
                                             Executive Director






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:
                                                               14 00/3
                                                               MMPR-2

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


 Subj: ADVISROY OPINION IN THE CASE OF
         
Ref: (a) BCNR Docket No: 00688-06 of 19 Jan 2006
(b) NAVMC 118 (5) Sep 1970
(c) MCBuI 1430 of 14 Sep 1970
(d) MCBu1 1430 of 16 Dec 1970
(e) MCO P1400.29 (MARCORPROMMAN)

1. Per reference (a),   requests to have his DD Form 214 corrected to reflect the rank of sergeant (E-5) vice corporal (E-4).

2. A review of  record verifies he was promoted to corporal (E-4) on 1 August 1970 (permanent). Per reference (b), unit did not compute his composite score for promotion to sergeant as directed by the Commandant of the Marine Corps (CMC). Therefore, with the information contained record book and in accordance with reference (c) this off i’ (MMPR-2) computed his composite score for the 1 December 1970 promotion period as 120. Per reference (d), this composite score did not meet Occupational Field (OccFld) 0300 cutting score of 137 for promotion to sergeant. There were no other promotion periods for promotion to sergeant release from active duty on 28 March 1971.
3. Based on the foregoing and in accordance with reference (e), the Enlisted Promotion Manual in effect at the time of Mr. active duty service,         id not meet the requirements for promotion to sergeant prior to his release from active duty.


                                    Major, U.S. Marine Corps
                                    Head, Enlisted Promotion Section

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