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NAVY | BCNR | CY2007 | 10026-07
Original file (10026-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 LCC
Docket No. 10026-07
27 May 08









This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 27 May 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 the advisory opinion furnished by C M C memorandum 1070 MM5B-13 of 5 May 2008, 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
PERSONNEL MANAGEMENT SUPPORT BRANCH (MMSB~
2008 ELLIOT ROAD
QUANTICO, VA 22134-5030
                                                                                

                                                                                 IN REPLY REFER TO
                                                                                 1070
                                                                                           MMSB- 13
                                                                                           5 May 2008


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

 Subj:    ADVISORY OPINION; CASE OF FORMER USMCR


1.       The DD Form 214 is prepared only upon release or discharge from active duty, initial tour of active duty for training or for periods of active duty for training for 90 days or more. Since he did not serve on active duty for training for 90 days or more 1 he is not entitle to a DD Form 214. A Statement of Service is furnished and should serve the purpose of his request. A copy is attached for your information


                                                               R ecords Correspondence Section
                                                                Personnel Management Support Branch
                                                                By direction of the
                                                                         Commandant of the Marine Corps

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