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NAVY | BCNR | CY2008 | 05293-08
Original file (05293-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG

Docket No: 5293-08
14 October 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 30 September 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

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 PF
Executive Dixe xr

 

Enclosure
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1800

MMSR-5
5 Aug 08

 

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

    

Subj: BCNR ADVISORY OPINION IN THE CASE OF 33
Ref: (a) Chairman BCNR ltr TRG:jdh Docket No: 05293-08 of 16 July 2008
Encl: (1) Career Retirement Credit Record

1. The reference requests an advisory opinion on Lieutenant q_ygyeeiiies:.

petition to move points creditable towards retirement from a satisfactory year
to his anniversary year for 20060730 - 20070729.

2. Per the enclosure, @
anniversary years that are creditable towards a reserve retirement.

 

3. If one point is moved from the anniversary year of 20050730 - 20060729 to
™ nlite ie ie yi |)

 

- Ws will still have one
unsatisfactory anniversary yaar ber the period of ZOO OT 2008012). As he
will now be eligible for a reserve retirement 7 ERE bei
required to earn 50 points per anniversary year. Failure to achieve this
minimum participation requirement will result in the transfer of this Marine to
the Inactive Status List.

 

   
 

It is this Headquarter’ s opinion that

   
   

Depu Head, Separation and
Retirement Branch

By direction of the Commandant
of the Marine Corps

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