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NAVY | BCNR | CY2006 | 06960-06
Original file (06960-06.rtf) Auto-classification: Denied

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


 LCC
 Docket No. 6960-06
1 Nov 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 31 October 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, 11 October 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 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


                  I N REPLY REFER TO
                                                       1400/3
                                                      MMPR-2
                                                      OCT 11 2006
         

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:     (a) BCNR Docket Number 06960-06 dtd 7 Aug 06
         

         1.        Per the reference, XXXX   asserts he should have been meritoriously promoted to the rank of sergeant prior to his release form active duty on B May 1968.
2.       A review XXXX record verifies he was promoted to corporal (permanent) , his highest rank held, on 1 January 196 / The Commandant of the Marine Corps (CMC) has delegated the authority under certain circumstances for commanders to effect meritorious promotions to specific grades. However, there is no evidence in ,‘ record that he was ever nominated, considered by a meritorious board, or approved for meritorious promotion to sergeant by his commanders.
3.       If there is any additional information to support his request, we will research the matter further and provide an appropriate response. Based on the foregoing, it is recommended rank remain corporal, as stated on his DD Form 214.

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