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NAVY | BCNR | CY2007 | 03355-07
Original file (03355-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 3355-07
26 Jun 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 26 June 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 of 4 June 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.
Si ncerely

W.       DEAN P FEIFFER
Executive Dir e c tor
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


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:
Ref: (a) BCNR Docket No: 03355-07 of 10 May 2007
 (b)      Supply Administrative Remarks Pg. 11
 (c)      MCO P1400.32
1.       Per reference (a), ~ to have his DID Form 214 corrected to reflect the rank of corporal (E-4) vice lance corporal (E—3).
2 A review record verifies he was promoted to lance corporal (E-3) on 1 March 1992. There is no evidence contained in    Service Record that suggests he was selected for forwarded a promotion to corporal. Furthermore, reference (b) indicates , was not recommended for promotion to corporal on numerous occasions to include June 1994, which was within the promotion quarter of his separation on 3 July 1994.
3.       Based on the foregoing and in accordance with reference (c),
 the Enlisted Promotion Manual in effect at the time of Mr.
 active duty service, did not meet the requirements for promotion to corporal prior to his
release from active duty.



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

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