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NAVY | BCNR | CY2006 | 01535-06
Original file (01535-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                      LCC
                                                                Docket No. 1535-06
                                                               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, 25 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 PFEIFFE
 Executive Dire ctor
Enclosure



DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
 HARRY LEE BALL, 17 LEJEUNE ROAD        
         QUANTICO, VIRGINIA 22134.5104   


                                                                        IN REPLY REFER TO:
                                                                        1400 /3
                                                                        MMPR-2
                                                                        APR 25 2006

 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE OF SERGEANT EDGARD PLIIVIOSE



Ref: (a) BCNR Docket Number 01535-06 of 17 Mar 06
(b) MCO P1900.16F, MARCORSEPMAN
         
1. Per reference (a) , Sergeant         requests a correction to his DD Form 214, effective 25 January 2000
through 24 January 2004, to reflect the rank of sergeant (E-5) vice corporal (F-A)
2. A review record verifies he was promoted to corporal on 1 January 2003. He was released from active duty on 24 January 2004. Per reference (b), the rank on the DD Form 214 will be the rank the Marine holds on the date of separation. Therefore, the DD Form 214 in question is correct with the rank of corporal. On 25 January 2004 joined the Individual Ready Reaserve (IRR) and was subsequently promoted to sergeant effective 1 January 2006.
         


3. Based on the foregoing, Sergeant     DD Form 214 in question is correct and does not require any further
action.


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

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