DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8354-08
19 December 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 16 December 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
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, VA 22134-5103 IN REPLY REFER TO:
1800
MMSR-5
30 Oct 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR ADVISORY OPINION IN THE CASE _ a:
Ref: (a) Chairman BCNR ltr TRG:jdh Docket No: 08354-08 of
16 Oct 08
Encl: (1) Career Retirement Credit Record
1. The reference requests an advisory opinion on Wie.
agg: petition to correct his record by moving credited points
from the anniversary year beginning 8 June 2004 to those
anniversary years which were unsatisfactory in order to increase
his number of satisfactory anniversary years to 19 and allow him
to retire in 2010.
2. Per the enclosure, wniaaite. » - 15 satisfactory
anniversary years that are creditable towards a reserve
retirenent. i iiimengemmipgifliies: will not reach service
limitations until accumulation of 22 satisfactory years of service
or 30 years of accumulative service (16 April 2017). 1 —aaaine
sma: should be able to earn a reserve retirement without
moving points.
5... pesos on. the above, this Headquarters recommends
: es petition not receive favorable consi eration.
4. Point of contact is Major Fenton at (703) 784-9306.
J Warawe
M. HANSCOM
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
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