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NAVY | BCNR | CY2006 | 04905-06
Original file (04905-06.rtf) Auto-classification: Denied
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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BJG
 Docket No: 4905-06
 2 November 2006

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 2 November 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 opinions from Headquarters Marine Corps dated 10 August 2006, with enclosure, and 20 September 2006, copies of which are 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. In this connection, the Board substantially concurred with the comments contained in the advisory opinion dated 20 September 2006. 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







Enclosures

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
                                                      QUANTICO, VIRGINIA 22134-5103


                                                                                                            IN REPLY REFER TO:
                                                                                                            1740
                                                                                                             MMSR-6/4
                                                                                                             10 Aug 06

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



Ref:     (a) MMER Route Sheet, Docket No. 4905-06 of 26 Jun 06
End:     (1) Page 1 of SNO’s Marine Corps Total Force System (MCTFS) record
1. The reference requests an advisory opinio n
to correct his record to show that he was promoted to the rank of major prior to his transfer to the Temporary Disability Retired List (TDRL) and is, therefore, retired as a major, vice captain.
 advanced to major (0-4) on 31 August 2002. He was transferred to the TDRL on 1 September 2002. This Branch was not aware of the advancement to major at that time. He was subsequently removed from the TDRL and placed on the Retired List by reason of Permanent Physical Disability (PDRL) on 1 April 2006 _________ acumination relative to his transfer to PDRL was issue correct1y in the grade of captain. Per the Major’s request, the corrected documentation was ai1ed to his home on 8 August 2005.

3 The enclosure ~ to major however the Present Grade (Pres-Grade) section of the record incorrectly reads 03, vice 04. The Retired List Maintenance Section (MMSR-7) of this Branch is unable to correct the present grade of officers in MCTFS. This Branch, therefore, recommends that this petition be referred to Code MMPR and/or Code, MI regarding the correction of the Present Grade notation for officers in MCTFS.



Depu ty Head, S ec tion and
 Retirement Branch
By direction of the Commandant
of the Marine Corps




DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
         MANPOW ER AND RESERV1AF FAIRS D EPARTM ENT   
         -        QUANTICO, VIRGINIA 22134-5104   
                          


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
1.       Reference (a) requested an advisory opinion in the case of
2.       Opinion . We recommend the Board disapprove Applicant’s request contained in the Reference.
3.       Background

a.       Applicant was among those considered and selected for promotion by the FY03 USMC Major Promotion Selection Board.
b.       In accordance with MCO l900.l6F, a Marine retired for physical disability will be advanced to the grade selected. Applicant was advanced to the grade of major on 31 August 2002 and transferred to the Temporary Disability Retired List (TDRL) on 1 September 2002, prior to his projected promotion date of 1 November 2002.


c.       On 1 April 2006, Applicant was transferred to the Permanent Disability Retired List (PDRL) in the retired grade and advanced grade of major.
4.       Analysis . Applicant’s request for relief does not have merit due to the following reasons:
a.       Applicant was advanced to his selected grade prior to transfer to the TDRL.
b.       Members on the TDRL or the PDRL are not in an active status and, therefore, cannot be promoted.
c.      Although Applicant was advanced to the grade of 04, he was not promoted to the grade of 04. Therefore, MCTFS correctly reflects his present and permanent grade as 03.
d.       Retired pay and allowances are based on the retired grade reflected in the Marine Corps Total Force System (MCTFS) Applicant’s retired grade in MCTFS is 04 effective 31 August 2002. Additionally, his advanced grade in MCTFS reflects 04 effective 31 August 2002.
e.       Applicant received the appropriate retirement documents from CMC (MMSR) reflecting the retired grade of major.
f.       Applicant’s DD214, block 18 states that he will be retired in the grade of major.
5.       Conclusion Accordingly, for the reasons noted, we recommend that Applicant’s request for promotion to the rank of major be denied. However, we concur with Applicant’s contention that all pay and allowances should reflect the advanced grade of 04.
6.       Point of contact is Mrs. at


By direction

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