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NAVY | BCNR | CY2006 | 07443-06
Original file (07443-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 7443—06
 9 Jan 07








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 January 2007. 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, 29 November 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,

ROBERT D. SALMP~N
Acting Executive Director
 Enclosure


DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
                           HARRY LEE HALL, 17 LEJEUNE ROAD
                           QUANJICO, VIRGINIA 22134~51O4
                                                                                
                                                                        IN REPLY REFER TO:
                   1400 / 3
          MMPR-2
          29 NOV 2006
         

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

Ref:     (a) BCNR Docket Number 7443-06 of 3 Nov 06
 (b)      CMC MMPR-2 1400/4 ltr dtd 13 Jan 87
(c)      FMFLANT RAU Joint Msg Form ID#-1931359
1 Per reference (a) asserts he achieved the rank of corporal (E-4) vice lance corporal (E-3) prior to being retired from the Marine Corps Reserve.
2.       A review of record verifies that he was approved for remedial promotion consideration to corporal with a date of rank (DOR) of 1 April 1986 and an effective date of 13 January 1987 in accordance with reference (b) . However, the Officer-in-Charge, Fleet Marine Forces Atlantic (FMFLANT) Reserve Augmentation Unit (RAU) disapproved and returned.

promotion warrant to corporal to the Director, Marine Corps Reserve Support Center due to his unsatisfactory drill partipation in the RAU.
3 Per reference (c), the following list details drill participation prior to his retirement effective 1
August 1988:
          YEAR     MONTH    UNSAT DRILLS
          1987     JANUARY  4
         1987     FEBRUARY         1
         1987     APRIL    4
         1987     MAY      4
         1987     JUNE     4
         1987     JULY     4









Subj:    ADVISORY OPINION IN THE CASE OF
4.       Based on the foregoing, rank is correct, lance corporal (E-3) his highest rank achieved. Therefore, it is recommended that any documentation pertaining to his retirement remains unchanged.


U.S. Marine Corps
 Head, Enlisted Promotions Section
 2

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