Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 05690-07
Original file (05690-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                   2 NAVY ANNEX
                                             WASHINGTON DC 20370-5100

                                                                                 TRG
                                              Docket No: 5690-07
                                                                                           9 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 8 April 2009. Your allegations of error and injustice were reviewed in accordance with administrative
 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

Enclosure
HEADQUARTERS UNITED STATES MARINE CORPS
                                             3280 RUSSELL ROAD
          QUANTICO, VA 22134-51 03




                                             IN REPLY REFER TO:
                   1800
                                                                                  NMSR-5
                                                                                 7 Feb 08


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    ADVISORY OPINION IN T HE CASE OF

R ef: (a)         Chairman BCNR ltr TRG:jdh Docket No: 05690-07 of 2 Jan 08
 (b) Title 10, U.S. Code, Section 12731
End:     (1) Reconstructed Reserve Retirement Master Control Card
1. Reference (a) requests an advisory opinion on ________ petition to correct his record to show he received a reserve retirement from the Marine Corps.
2.                 service record shows he joined the regular Marine on 6 January 1964 and was honorably discharged on 5 January 1970. He then reenlisted in the Marine Corps Reserve on 28 February 1976 and was honorably discharged on 27 February 1978 final enlisted started on 31 March 1983 and ended with a transfer to the retired reserve list (honorary) without pay by reason of having been found not physically qualified for active duty on 31 January 1987.

3. As shown in the enclosure, it was c omp1eted 8 qualifying years of service. To qualify for a reserve retirement under the provisions of reference (b), needed to earn a minimum of 20 qualifying years of servi c e with the last eight qualifying years in a reserve component.








4. Based on the above, is not eligible for a retirement from the Marine Corps Reserve. We recommend that his request not receive favorable consideration.



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

Similar Decisions

  • NAVY | BCNR | CY2001 | 01483-01

    Original file (01483-01.pdf) Auto-classification: Denied

    period from 20 December 1958 to 28 January 1965 you were a member of the Marine Corps Reserve and earned about four years and six months of qualifying service for reserve retirement. Therefore, the Board substantially T.he Board also considered whether your record could or should be corrected to show that you are eligible for reserve retirement and retired pay at age 60. retirement, an individual must have 20 years of qualifying service and the last eight years must be in the reserve...

  • NAVY | BCNR | CY2001 | 02474-01

    Original file (02474-01.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, addition, the Board...

  • NAVY | BCNR | CY2008 | 09975-08

    Original file (09975-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your. 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. 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.

  • NAVY | BCNR | CY2007 | 02661-07

    Original file (02661-07.rtf) Auto-classification: Denied

    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. 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. The reference requests an advisory opinion on Lieutenantto correct his record to show the anniversary...

  • NAVY | BCNR | CY2007 | 07824-07

    Original file (07824-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2006. 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. The reference requests an advisory opinion on petition to correct his record to show 20 qualifying years of service and eligibility for a Reserve Retirement.

  • NAVY | BCNR | CY2008 | 04704-08

    Original file (04704-08.pdf) Auto-classification: Denied

    In addition, the Board considered an advisory opinion furnished by Headquarters Marine Corps, a copy of which is enclosed, and your rebuttal thereto dated 29 July 2008. 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. As requested by the reference, we have audited your Career Retirement Credit Record (CRCR), enclosure (1), in order to establish your correct...

  • NAVY | BCNR | CY2007 | 08391-07

    Original file (08391-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion from the Headquarters Marine Corps Career Management Team, dated 23 October 2007 with enclosures, a copy of which is attached.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. DEAN PFEIFFER Executive DirectorEnclosure DEPARTMENT OF THE NAVYHEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL...

  • NAVY | BCNR | CY2007 | 06715-07

    Original file (06715-07.pdf) Auto-classification: Denied

    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. 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.

  • NAVY | BCNR | CY2008 | 00548-08

    Original file (00548-08.pdf) Auto-classification: Denied

    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. 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.

  • NAVY | BCNR | CY2007 | 05302-07

    Original file (05302-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 20370-5100 TRGDocket No:5302-07 14 December 2007This 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 11 December 2007. Documentary material considered by the Board consisted of...