DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 1705-09
29 May 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 May 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 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,
W. DEAN PFREAE
Executive Di
Bnclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD .
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1800
MMSR-5
7 Apr O09
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR ADVISORY OPINION IN THE CASE OF 3
Ref: . (a) Chairman BCNR ltr TRG:jdh Docket No: 01705-09 of
24 Mar 09
Enci: (1) Career Retirement Credit Record
1. The reference requests an advisory opinion on ae i
petition to make his anniversary year beginning 23 July 1997
satisfactory by transferring points from the following anniversary year
which is satisfactory. :
f
= wee Claims that he was unable to complete a satisfactory
year due te the high academic demands of his first year in law school.
3. Per che enclosure, S#RRARIAMM has 14 satisfactory anniversary
years creditable towards a reserve retirement and will have 15
satisfactory years at the conclusion of his current anniversary year
which ends 22 July 2009. The movement, or non-movement, of points will
not affect pews retirement eligibility. As long as Major
Muller continues £0 earn qualifying service, he should achieve 18
satisfactory years of service prior to his mandatory retirement date of
1 January 2014.. He would then be in a “sanctuary” status and will be
afforded the opportunity to achieve retirement eligibility as per Title
10 law. .
4. Based on the above, this Headquarters recommend
petition to move points not receive favorable consideration
5S. Point of contact is: Major Penton at (703) 784-9306.
AN Nae
S. M. HANSCOM
Head, Separation and
Retirement Branch .
By direction of the Commandant
of the Marine Corps
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