DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 1637-09
25 dune 2009.
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.
You requested correction of your record to show you entered the
Marine Corps in the grade of captain (pay grade 0-3), the grade
you held as an officer of the United States Air Force.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application. on 25 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 from Headquarters Marine Corps dated 13 April
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 comnection, the Board substantiaily
concurred with the comments contained in the advisory opinion.
The Board was unable to find you were told Marines “did not have
the opportunity” for an interservice transfer or that a Captain
T--- told you “’they’ do not do Lateral Transfers.” Finally, |
the Board noted that the unsigned letter of 5 December 2008 from
Captain D--- acknowledged you were ineligible for interservice
transfer because you were not on active duty. In view of the
above, 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
Ii REPLY REFER TO:
1412
MMOA- 3
APR 1 3 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD OF CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MMER Route Sheet dtd 18 Mar 2009
SECNAVINST 1000.78
oe Rr dtd 8 Dec 2008
Lieutenant Ross’s Itr dtd 1 Dec 08
1. Reference b, specifically excludes the interservice transfer
(IST} of Regular officers to a Reserve component or Reserve
officers to the Regular component. Reference c, refers to SNO
as a reserve officer. ,
2. Reference b, requires that all ISTs into the Marine Corps
{reserve and active component) apply to the officer retention
board. The officer retention board is a competitive board
process with no guarantee of acceptance for the applicant.
3. Reference d and c, SNO voluntarily sought an Active duty
commission despite being aware of the IST program,
4, It is this office’s opinion that no injustice or error
occurred in the case of this officer, Point of contact in this
matter is ge ‘ :
Wih/M ler
M. M. Motley
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