Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 11287-06
Original file (11287-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00
LCC
 Docket No. 11287-06
19 Feb 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 13 February 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 memora ndum 1400/3 MMPR-2, 29 January 2 007, 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 bee n denied. The names and votes of the members of the panel will be fl4rnished 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.




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  





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

 Subj:    ADVISORY OPINION IN THE CASE
Ref:     (a) BCNR Docket Number 11287-06 of 27 Dec 06
                   (b) MCO P1900.16F, MARCORSEPMAN


         1.       Per reference (a), requests a correction to his DD Form 114, effective 27 June 2001 through 26 June 2005, to reflect the rank of sergeant (E-5) vice corporal (E-4)
2.       A review of verifies he was promoted to corporal on 2 December 2002. He was released from active duty on 26 June 2005. 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 27 June 2005 was transferred to the Individual Ready Reserve (IRR) and was subsequently promoted to sergeant effective 1 January 2006.
3.       Based on the foregoing, DD Form 214 in question is correct and does not require any further action.



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

Similar Decisions

  • NAVY | BCNR | CY2006 | 10633-06

    Original file (10633-06.rtf) Auto-classification: Denied

    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 CNC memorandum 1400/3 MNPR-2, 19 December 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...

  • NAVY | BCNR | CY2006 | 11289-06

    Original file (11289-06.rtf) Auto-classification: Denied

    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 January 2007, a copy of each is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to...

  • NAVY | BCNR | CY2006 | 01535-06

    Original file (01535-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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.

  • NAVY | BCNR | CY2007 | 01502-07

    Original file (01502-07.rtf) Auto-classification: Denied

    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, 23 March 2007, 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...

  • NAVY | BCNR | CY2006 | 08002-06

    Original file (08002-06.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by CMC memorandum 1400/3 1~4MPR-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. Per reference (a) XXXX requestback pay from 1 April 2003 through 6 September 2003 due to a promotion to sergeants.2. Based on the...

  • NAVY | BCNR | CY2006 | 00688-06

    Original file (00688-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2005 | 10364-05

    Original file (10364-05.rtf) Auto-classification: Denied

    Additionally, the Board for correction of Naval Records (BCNR) has not removed the administrative reduction from XXXX record. You requested we provide an advisory opinion on Corporal Ramirez’s (hereinafter “Applicant”) application to reinstate his previous rank of Sergeant (Applicant was administratively reduced to Corporal) -2. Applicant claims he was reduced to Private First Class (PFC), but there is no documented evidence in Applicant’s record stating this reduction took place.4.

  • NAVY | BCNR | CY2008 | 10157-08

    Original file (10157-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2009. 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 MMPR-2 1400/3 of 27 February 2009, a copy of which is attached.

  • NAVY | BCNR | CY2008 | 00110-08

    Original file (00110-08.rtf) Auto-classification: Denied

    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 MMPR-2 1400/3 of 14 Mar 08, 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...

  • NAVY | BCNR | CY2006 | 06960-06

    Original file (06960-06.rtf) Auto-classification: Denied

    6960-06 1 Nov 06This 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. 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. However,...