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NAVY | BCNR | CY2008 | 08397-08
Original file (08397-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG

WASHINGTON DC 20370-5100 Docket No: 8397-08
25 November 2008

 

 

 
 

This is in reference to your application for correction of your
naval tecord 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 25 November 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 the 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,

    
  

W. DEAN FE
Executive

Bncelosure
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 OF ies.

 

 

Ref: (a) Chairman BCNR ltr TRG:jdh Docket No: 08397-08 of
20 Oct 08
Encl: (1) Career Retirement Credit Record

 

1. The reference requests an advisory opinion on rae
cine petition to correct her record to show the
anniversary year beginning on 28 July 1992 as creditable towards

retirement.

 
 

 

2. Per the enclosure, a‘ i
satisfactory anniversary ears that are creditable towards a
reserve retirement. <—_geiaials iis already
eligible to obtain a reserve retirement awaiting pay at age 60.
Movement of points to make the anniversary year beginning on

28 July 1992 satisfactory will not affect her eligibility to
receive retired pay, retirement grade or the monetary amount of
any future retired pay.

 
 

 

3B te Based on the above, this Headquarters recommends ]aq———0
we Wb petition not receive favorable consideration.

 

4. Point of contact is Major Fenton at (703) 784-9306.

(F | anace ee

M. HANSCOM
read, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps

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