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NAVY | BCNR | CY2008 | 00094-08
Original file (00094-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LEG
Docket No: 94-08

17 December 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 9 December 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 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 PFE
Executive Di

Enclosure
UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103

 

IN REPLY REFER TO:

 

 

 

 

 

 

 

 

  

 

 
 

1610

G-1

JUN 26 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj: ADVISORY OPINION IN THI CASE
Ref: (a) SECNAVINST 5420.193
1. The reference requests an advisory opinion from this Command

concerning the date of rank to first lieutenant.

2. After reviewing the available records, this Command
recommends disapproval. Commissioned officers with over 4 years
of prior active service as an enlisted member are entitled to
count such service for purposes of computing basic pay for
longevity purposes. First ENE i not have the
required active duty service to qualify for the special rate of
pay. aes Waiiiieie’ appeal consistently mentions his
grade while enlisted. Grade is not a deciding factor when
determining the entitlement to special rate of basic pay. Also,
personnel who have been credited with 1460 points for retirement
are eligible for the special rate of basic pay; enemies
$M cid not have the required points at the time of
‘commission which makes him ineligible for the special rate of

pay.

3. Point of contact at this Command is iia.

Gelli ac DSN 278-9430 or commercial (703) 784-9430.

 

: f °

CA HK, ‘ pa dinon
A. G. FERDINAND
By direction
UNITED STATES MARINE COR

THE BASIC SCHOOL

TRAINING COMMAND

24164 BELLEAU AVE
QUANTICO, VIRGINIA 22134-5106

 

IN REPLY REFER TO:
1000

C474-PERS
10 Jul 06

From: Personnel Officer, Consolidated Administrative Center
To: Board for Correction of Naval Records

Subj: REVIEW OF OFFICER QUALIFICATION RECORD (OOR) ICO: EE...

1. After a thorough review of SNO’s OOR, it is my determination that SNO has
never been reduced in rank nor been subject of any derogatory material.
at DSN 278-5556.

CL ok

LIAMS

2. Point of Contact is

 

Fy cl. (\y )

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