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NAVY | BCNR | CY2006 | 01049-06
Original file (01049-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 1049-06
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.

Sincerely,


W. DEAN PFIEFFER
Executive Director
Enclosure




DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STAThS MARINE CORPS
MANPOWER AND RESERVE AfFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104 

         IN REPLY REFER TO
                  1400/3
                  MMPR-2
         APR 26 2006


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

Subj:    ADVISORY OPINION IN THE CASE OF



Ref: (a) BCNR Docket Number 01049-06 dtd 1 Feb 06

1. Per the reference, se ts his DL Form 214 should reflect the rank of lance corporal (E-3) vice private
first class (E-2)

 2. A review of s record verifies he was promoted to private first class, is highest rank held, on 1 November 1968. In order to be promoted to lance corporal, a Marine must have at least eight months time in grade. Only had seven months time in grade at the time of his discharge from active duty on 13 June 1969. Furthermore, there was also no evidence available in record verifying a meritorious promotion to ance corporal.

3. does not meet the requirements for promotion to lance corporal. If has any additional information to support his request, we will further research the matter and provide an appropriate response.


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

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