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NAVY | BCNR | CY2007 | 01096-07
Original file (01096-07.rtf) Auto-classification: Denied

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

 LCC
 Docket No. 1096-07
19 Apr 07




T his is in reference to your application for correction of you r naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 17 April 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 MCRC memorandum 1610 G-l, 28 Mar 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 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









UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
 1610
G-l
 A P R 2 8 2007
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE OF FORMER

Ref: (a) MARCORPROMMAN, VOL 2, ENLPROM 2-21 P2303.l.a
         1.       We were asked to provide an advisory opinion on Corporal request to receive his time in grade for corporal from his prior enlistment for his promotion to the next rank in his present enlistment. Corporal also requests to be compensated for the time in grade that was not accounted for.
2.       In accordance with the reference, not meet the timeline requirements to keep the time in grade from his first enlistment; therefore, he will not be compensated for the time in grade. Corporal - - reenlisted in the Marine Corps after the timeframe allowable to keep time in grade; he now rates only half of his time in grade. Corporal is not eligible to count time in grade from his prior enlistment as points towards his composite score considering that will be taken into account once his date of rank is adjusted.
3.       Point of contact for additional information is Lieutenant






Copy to:
CG ERR
CMC (MMSB)

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