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NAVY | BCNR | CY2008 | 03020-08
Original file (03020-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JSR
Docket No: 3020-08

17 July 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 17 July 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 from Headquarters Marine Corps dated

12 May 2008, a copy of which is attached.

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,

 

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 fi HEBLP EEE ra:

 

1400/3
MMPR-2

MAY 1 2 208

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

Subj: _

  

Ref: (a) BCNR Docket Number 03020-08 of 30 Apr 08

 

1. Per reference ( aol asserts his DD Form 214 should
have reflected the rank of sergeant vice corporal.

   

2. A review fe WM cord verifies he was promoted to
the rank of sergeant (E-4) on 1 December 1957, his highest rank
held on active duty. His DD Form 214 was correct with the rank
of corporal (E-4) at the time of his release from active duty on
1 April 1959. The Marine Corps rank structure was changed in
January 1959. Specifically, the rank of sergeant (E-4) was
changed to corporal (E-4). Wher Peis was discharged from
the Marine Corps on 1 April 1959, he was in fact a corporal (E-

4).

 

3. Based on the foregoing, it is recommended thai
remain unchanged at this time

Kika

 

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

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