DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lee
Docket No. 10157-08
13 Apr O9
Dear iPgeT:
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
13 April 2009. 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 the advisory opinion furnished by CMC memorandum MMPR-2
1400/3 of 27 February 2009, 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.
Sincerely,
Laas
W. DEAN PFE]
Enclosure Executive Div
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
FEB 27 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: ADVISORY OPINION IN THE CASE
Ween FORMER UsMc
Ref: (a) BCNR Docket Number 10157-08 of 12 Feb 09
(b) MCO P1900.16F, MARCORSEPMAN
(c) Reply to Inquiry (NPC) of 5 Dec 97 on SNM
1. Per reference (a), @——-—i——\ggypiamm asserts his DD Form 214
should have reflected the rank of sergeant vice corporal.
2. A review of SpA record verifies he-was released
from active duty on 3 January 1954. Additionally, his record
verifies he was promoted to sergeant on 1 February 1955 in the
United States Marine Corps Reserves (USMCR). Per reference (b),
the rank on the DD Form 214 will be the rank the Marine holds on
the date of separation from active duty. Therefore, the DD Form
214 in question is correct with the rank of corporal.
Furthermore, reference (c) indicates that 9QRIIes has
already recieved an updated discharge certificate.
3. Based on the foregoing, we recommend his record remain
unchanged at this time.
Kee
Major, U.S/ Marine Corps
Head, Enlisted Promotion Section
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