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NAVY | BCNR | CY2007 | 02661-07
Original file (02661-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


         Docket No: 2661-07
                                                                                          26 March 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 25 March 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. In addition, the Board considered an advisory opinion furnished by Headquarters Marine Corps a copy of which is enclosed.

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. 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 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


DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
                                             3280 RUSSELL ROAD
QUANTICO, VA 221 34-51 03      


         IN REPLY REFER TO:
                                    1800
                                                                                                            MMSR-5
                                                                                                           
6 Feb 08


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

Subj A DVISORY OPINION IN THE CASE ___



Ref:     (a) Chairman BCNR ltr TRG:jdh Docket No: 02661-07 of 19 Dec 07

End:     (1) Career Retirement Credit Record

1.       The reference requests an advisory opinion on Lieutenant
         to correct his record to show the anniversary year ending on 12 December 2002 as creditable towards retirement.

2 Per liaison with the War fighting Principals and Concepts Correspondence Course was finished and submitted well in advance of his anniversary year ending on 12 December 2002. When he realized that the course had not been credited, he reordered the course, completed it again and resubmitted it. The course was finally credited on 1 December 2003.

3 Per the enclosure 15 satisfactory anniversary ears the t are creditable towards a reserve retirement.  should be able to earn a reserve retirement without moving retirement points.

4.       Based on the lack of physical documentation showing that the correspondence course was completed in the anniversary year ending on 12 December 2002, this Headquarters recom m ed
         petition not receive favorable consideration.

5.       Point of contact is Corporal Jackson: (703) 784-9306.



Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps

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