DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4990-08
31 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 31 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
16 June 2008, a copy of which is attached. The Board also
considered your rebuttal dated 25 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,
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22334-5103
IN REPLY REFER TO:
1600
JUN 16 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: RESERVE AFFAIRS DIVISION ADVISORY OPINION, ON BCNR
APPLICATION IN THE CASE oéiiill ae al ae
Ref: (a) DD Form 149 dtd 18 Aug 06
{(b) DD Form 149 dtd 21 May 08
({c) BCNR request for advisory opinion, docket #04990-08
(d) Review of Naval Record, case of docket #04948-07
(e) SECNAVINST 1920.6C
(£) MCO P1001R.1J7
(g) MARADMIN 303/08
(h) DoD Directive 1235.13
(i) Title X, Subtitle E, Part III, Chapter 1401
1. Per reference (b) and (c), we have reviewe@uiNeSE
request that his date of rank for LtCol be back dated to reflect
FY08 selection and promotion.
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