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NAVY | BCNR | CY2007 | 06927-07
Original file (06927-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 LCC
 Docket No. 6927-07
11 Dec 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 December 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 MMEA of 24 October 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,



                                                      W. DEAN PFEIFFER
                                                      Executive Director
Enclosure




                           DEPARTMENT OF THE NAVY
                   HEADQUARTERS UNITED STATES MARINE CORPS
                  3280 RUSSELL ROAD
         Q U ANTICO, VIRGINIA 22134.5103
                  
                  IN RE LPY REFER TO,
                   1400
                  MMEA
                   24 Oct 07
MEMORANDUM FOR THE EXEUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:    BCNR DOCKET NO. 6927-07; REQUEST FOR ADVISORY OPINION IN
          THE CASE OF

Ref:     (a) MCO 1130.80A
1.       We have carefully reviewed ~ and the following comments are provided.
2. On 6 December 1994, enlisted into the Marine Corps and began his active duty service. On 5 December 1998, he was voluntarily released from active duty at the completion of his required active service. At that time, he had completed a total of 4 years of active duty, of which 3 years and 4 months were served as an Assault Amphibian Crewman, Primary Military Occupational Specialty (PMOS) 1833. Additionally, had served a total of 5 days in the grade of Sergeant on his separation date.
3. On 29 July 1999, was approved for a 4 year Prior Service Enlistment Program (PSEP) First Term Alignment Plan (FTAP) reenlistment with a lateral move to Fire Support Man PMOS 0861. On 21 October 2003, was again voluntarily released from active duty at the completion of his required active service. At that time, he had completed a total of 8 years, 2 months and 23 days of active duty, of which 3 years and 4 months were in PMOS 1833 and 3 years and 6 months were in PMOS 0861.
4. On 29 April 2005, was approved for a 4 year Prior Service Enlistment Program (PSEP) Subsequent Term Alignment Plan (STAP) reenlistment with a lateral move to Landing Support Specialist PMOS 0481 and a given the date of his reenlistment as his date of rank.
5. Per the reference, this headquarters makes the determination for appropriate grade and date of rank to which an individual should be appointed/reappointed under the FTAP/STAP broken reenlistments. In
 case, this headquarters carefully considered that for him to be competitive for promotion to the next higher grade and furthermore, to have observed time in his new PMOS, that the date of his reenlistment on 29 April 2005 be utilized as his date of rank to sergeant. Anything less, would clearly place him in a disadvantageous position and possibly fail selection.
6. This headquarters recommends that date of rank to sergeant remain 29 April 2005.



Subj:    BCNR DOCKET NO. 6927-07; REQUEST FOR ADVISORY OPINION IN
          THE CASE OF


7.       Additionally, it should be noted that on 3 October 2007, the Fiscal Year 2007 Staff Sergeant Selection Board announced that has been selected for promotion to the next higher grade.
        

        Deputy Head,
         Enlisted Assignment Branch










































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