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NAVY | BCNR | CY2007 | 01502-07
Original file (01502-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 1502-07
12 Apr 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 10 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 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 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,




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 

                                                               IN REPLY REFER TO:
                                     1400/3
MMPR-2
         MAR 23 2007


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN THE CASE OF 000 00 6196/1371 USMCR
Ref:     (a) BCNR Docket Number 01502-07 of 8 Mar 07
 (b)      MCO Pl900.l6F, MARCORSEPMAN

1.       Per reference (a), Sergeant requests a correction to his DD Form 214 to reflect the rank of sergeant (E-5) vice corporal (E-4).

2. A review of Sergeant          record verifies he was promoted to corporal on 1 January 2003. He was released from active duty on 11 June 2004. 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 12 June 2004 Corporal was transferred to the Individual Ready Reserve (IRR) and was subsequently promoted to sergeant effective 1 April 2005.
         
         3.       Based on the foregoing, Sergeant         DD Form 214 in
 question is correct and does not require any further action.

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