DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 7824-07
19 November 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 13 November 2006. 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 the Navy Personnel Command, a copy of which
is enclosed, and your rebuttal thereto dated 22 July 2008.
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 HT B)
Executive Dikec
Fncelosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1800
MMSR-5
8 Jul 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: REQUEST FOR COMMENTS AND REGQMMENDATION IN THE CASE OjggumgRigSiapialet
Ref: (a) MMER Route Sheet of 9 Jun 08, Docket No. 7824-07
Encl: Reserve Retirement Master Control Card
(1)
(2) NAVMC 321A dtd 4 April 1979
(3) Correction of Military Records dtd 25 Apr 88
(4)
(5)
enlistment contract beginning 30 Sep 80
; Male enlistment contract beginning 22 Apr 77
1. 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.
2. As shown in the enclosure, upon. completed 17 years, 8 months and
10 days of qualifying service and was discharged on 9 June 1991 with a total
of 2,683 retirement points.
3. QM c guests the break in service from 22 October 1979 to
29 September 1980 currently shown on his Reserve Retirement Master Control
Card be removed.
a. He has provided, as proof of his membership:
(1) Orders dated 17 July 1979 which show him on active duty for
training from 2 July 1979 to 16 July 1979.
(2) A document showing exchange privileges for the period of
21 October 1979 to 31 December 1979.
(3) An Organized Reserve Medal certificate for service from
21 April 1976 to 20 April 1980.
b. As shown in enclosure (2), %QRRRRIRAB enlisted on 22 April 1977 in
the Marine Corps Reserve for a period of 2 years. He then reenlisted for a
period of 6 months on 1 April 1979. The extension allowed him to continue in
the reserves until his separation on 21 October 1979. On 25 April 1988, a
correction of military records for was completed by the I-I,
H&S Co, HO&Sve Bn, 4th FSSG which supports the break in service
(enclosure (3).
c. No documentation is available which shows another enlistment or
extension on his current enlistment until 30 September 1980 which shows him
enlisting for a period of 1 year (enclosure 4).
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF FORMER qagupeiesa’>
4. WEEE. q.uests to have his anniversary date begin on
21 April 1976 vice 22 April 1977. His justification for this request is an
Organized Reserve Medal Certificate. Enclosure (2) and enclosure (5) show
his enlistment began on 22 April 1977.
Be Ne scaces his Reserve Retirement Master Control Card shows him
transferred to the Inactive Reserve on 28 December 1990. He further states
he was extended for one year from June 1990 to June 1991. As evidenced in
enclosure (1), =e: = :o73 shows continuous service from
30 September 1988 until his separation on 9 June 1991.
6. As indicated in enclosure (1), ae has been credited with 17
years, 8 months and 10 days of qualifying service for a reserve retirement.
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