DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 05907-08
2 September 2008
Dear Rt,
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
2 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. The Board considered
the advisory opinion furnished by HOMC memo 1040 MMEA of 18 Aug 08, 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 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.
Strncerel )
DNase
W. DEAN PFEIFP
Executive Dire
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN KEPLY REFER TO:
1040
MMEA
18 Aug 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj: BCNR DOCKET NUMBER 05907-08; REQUEST FOR COMMENTS AND
RECOMMENDATIONS IN THE CASE OF (7 TRA pEaIEnEnmeE.
Ref: (a) MCO 1130.80A
1. We have carefully reviewed case and provide
the following comments.
2. On 1 September 2007, i el to end his
active service in the Marine Corps. Approximately 45 days later he
began the process of rejoining the Marine Corps. On 1 April 2008,
this process was completed when pimmeemy reenlisted.
3. In accordance with the reference, ed was
reaccessed with broken service because he did not reenlist within a 90
day window after his previous End of Active Service. As such@ a
aaa cces not qualify to be considered a continuous service
reaccession which would allow him to maintain the pay grade from his
previous enlistment.
4. A board convened to review reaccessions b Staff Non-Commissioned
Officers, elected to establish rN, date of rank as
the date of reaccession to ensure sufficient time for career
progression requirements. ’
5. This headquarters recommends that daily ea date of
rank for Staff Sergeant remai nchanged.
. OW. NER
GS-15, Deputy Head,
Enlisted Assignments Branch
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