Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 00110-08
Original file (00110-08.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BAN
 Docket No. 00110-08
24 March 2008


Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.
A three-memb e r panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on March 24, 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 MMPR-2 1400/3 of 14 Mar 08, 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
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
         HARRY LEE HALL, 17 LEJEUNE ROAD
                  QUANTICO, VIRGINIA 22134-5104


                                                                        IN REPLY REFER TO:
                            1400/3
         MMPR-2
         MAR 1 4 2008

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

Ref:     (a) BCNR Docket Number 00110-08 of 13 Dec 07
 (b)      MCO P1900.l6F, MARCORSEPMAN
1.       Per reference (a), asserts his DD Form 214 should have reflected the rank of sergeant vice corporal.
2. A review of record verifies he was released from active duty on 26 August 2007. Additionally, his record verifies he was promoted to sergeant on 1 October 2007. Per reference (b), the rank on the J~D Form 214 will be the rank the Marine holds on the date of separation. Therefore, the DD Form 214 in question is correct with the rank of corporal.
3.       Based on the foregoing, DD Form 214 in question is correct and does not require any further action.


         Major, U.S. Marine Corps
 Head, Enlisted Promotion Section

Similar Decisions

  • NAVY | BCNR | CY2007 | 01502-07

    Original file (01502-07.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. In addition, the Board considered the advisory opinion furnished by CMC memorandum 1400/3 MMPR-2, 23 March 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...

  • NAVY | BCNR | CY2006 | 01535-06

    Original file (01535-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. Per reference (a) , Sergeant requests a correction to his DD Form 214, effective 25 January 2000 through 24 January 2004, to reflect the rank of sergeant (E-5) vice corporal (F-A) 2. A review record verifies he was promoted to corporal on 1 January 2003.

  • NAVY | BCNR | CY2008 | 10157-08

    Original file (10157-08.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 April 2009. 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 MMPR-2 1400/3 of 27 February 2009, a copy of which is attached.

  • NAVY | BCNR | CY2008 | 03020-08

    Original file (03020-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2008. 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...

  • NAVY | BCNR | CY2008 | 01192-08

    Original file (01192-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2008. 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. The Board considered the advisory opinions furnished by HQMC memo 1400/3 MMPR-2 of 21 Jul 08, a copy of which is attached.

  • NAVY | BCNR | CY2006 | 11287-06

    Original file (11287-06.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. In addition, the Board considered the advisory opinion furnished by CMC memorandum 1400/3 MMPR-2, 29 January 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...

  • NAVY | BCNR | CY2006 | 10633-06

    Original file (10633-06.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. In addition, the Board considered the advisory opinion furnished by CNC memorandum 1400/3 MNPR-2, 19 December 2006, 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...

  • NAVY | BCNR | CY2008 | 07636-08

    Original file (07636-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 22 September 2008. The Board considered the advisory opinion furnished by the HQMC memo 1400/3 MMPR-2 of 8 Sept 08, a copy of which is attached. 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 | 03355-07

    Original file (03355-07.rtf) Auto-classification: Denied

    3355-07 26 Jun 07This 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 26 June 2007. 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. 2 A review...

  • NAVY | BCNR | CY2007 | 00433-07

    Original file (00433-07.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. In addition, the Board considered the advisory opinion furnished by MC memorandum 1400/3 MMPR-2, 13 February 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...