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Decision Text

NAVY | BCNR | CY2007 | 02207-07
Original file (02207-07.rtf) Auto-classification: Denied
DEPARRTMENT OF THE NAVY
                                     BOARD FOR CORRECTION OF NAVAL RECORDS  
                                             2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100

                                                                                
                                                                        TRG
                                              Docket No: 2207-07
                                                                                           4 April 2008


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2008. 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.
After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in a Marine Corps Reserve office candidate program on 25 November 1974. You successfully completed the program and on 30 May 1976 you were commissioned a second lieutenant. On 15 July 1979, you were released from an extended period of active duty. Your record shows that during the next 11 years you only earned five qualifying years for reserve retirement purposes. On 9 December 1990 you reported for active duty in support of Operation Desert Shield/Storm and were released from active duty on 8 November 1991. The record indicates that at that time, you had been credited with 11 years of qualifying service for reserve retirement. The record further indicates that you earned no further qualifying years. A Reserve Officer Mobilization Screening Board met on 9 February 1995 and because of your inactivity you were recommended for discharge from the Marine Corps Reserve . After review, this recommendation was approved and you were honorably discharged on 15 April 1996.
In your application you are requesting that you be transferred to the Retired Reserve without eligibility for pay. This was called honorary retirement. However, that program has ended and there is no longer a provision in the regulations to allow honorary retirement in cases such as yours.
 It is clear that you always performed your duties in an outstanding manner and you should be proud of your service in the Marine Corps. However, there is now no basis for any kind of retirement in your case.
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 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


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