DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
i
LCC
Docket No. 3294-09
13 Jul og
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 July 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 of
8 June 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,
la.
W. DEAN PFEI
Executive Di
Enclosure
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
"JUN 98 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: ADVISORY OPINION IN THE CASE CO}, fiiiainiiamiaggll
DiS. USMC (RETIRED)
Ref: {a} BCNR Docket Number 3294-09 of 23 Apr 09
{b) NAVMC 118(5) from SNM’s service record book
(c) SNM’s DD Form 214 of 30 Nov 1954
(d) Marine Corps Rank Structure prior to & after 1946
{e} Marine Corps Rank Structure 1954 / 1959 / 1960
(£) SNM’s TFDW Report of 93 Jun 09
1. Per reference (a) WQQMMBMMMe asserts his record should reflect the
rank of sergeant vice corporal.
2. References (b}) and (c) verify that Shine was last promoted to
the rank of sergeant (E-4) with a date of rank and effective date of 1
March 1952 prior to his transfer to the permanent physical disability
list. References (d) and (e) document the changes in the Marine Corps
rank structure between 1 December 1946 and 1 August 2960. Specifically,
in 1952, a Marine sergeant held the pay grade of E-4. After 1 August
1960, a Marine sergeant held the pay grade of E-5.
3. Based on the information above, =—QIGRWMNNMRe assertion is correct,
his record should reflect the rank of sergeant but his pay grade should
reflect E-4. Furthermore, reference (f) also verifies that #i
pay grade is E-4 not E-5.
ere
4. Based on the foregoing, it is recommended iii
unchanged.
Merecord remain
Major, U. S. Marine Corps
Head, Enlisted Promotion Section
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