DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 05091-08
14 July 2008
This 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 14 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. The Board considered the advisory
opinions furnished by HQMC memo 1400/3 MMPR-2 of 20 Jun 08 and HOMC
memo 1400/3 MMPR-2 of 11 Oct 06, copies of which are 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 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.
Sincere
Enclosures
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
UN 2 Q zene
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
ADVISORY OPINION IN THE CASE OF nae,
€
MEMORANDUM FOR THI
LE
Subj:
Ref: (a) BCNR Docket Number 5091-08 of 3 Jun 08
(b) SNM's Page 118(11)
(c) CMC 1400/3 MMPR-2 of 11 Oct 06
1. Per reference (a) , i. asserts he should have been
meritoriously promoted to the rank of sergeant prior to his
release from active duty on 3 May 1968.
2. We have carefully reviewed the content of reference (b).
Our decision as conveyed in reference (c) remains the game.
However, if QM: can provide additional documentation to
Support this claim, such as a promotion warrant, we will
reconsider our position at that time.
L. A. ECKER
Assistant Head,
Enlisted Promotion Section
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