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NAVY | BCNR | CY2009 | 03620-09
Original file (03620-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5700

Lc ,
Docket No. 3620-09
6 Jul ag

 

Dear oie

 

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
6 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 7200 MPO-40 of

28 May 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,

W.
Enclosure Bxecutive Di
'
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103

IN REPLY REFER TQ;
' 7200
, MPO-40
28 May 2009

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 

Subj: BCNR, Docket No. 3620-09, application Ico?

   
 

1. DODFMR, Vol 7A, chapter 1 states that in order to qualify for
the special rate of basic pay for pay grades O-1E, O-2E, and 0-35
a commissioned officer in pay grades O-1 through 0-3 must have
been credited with over 4 years (i.e., at least 4 years and 1
day) of prior active service as an enlisted member.

 

2. In the case of QAR bis cecord reflects he has
not served at least 4 years and i day of prior active service as
an enlisted member. As such, SNO does not qualify for the
special rate of basic pay for pay grades O-1F, O-2E, and 0-38.

3. The Marine Corps point of contact is Major Gulbrandsen, DSN:
278-9386, Comm: (703) 784-9386, Email: paul.gulbrandsen@usmc.mil.

Wfoml>

W. A. TOSICK

Colonel

U.S. Marine Corps

Branch Head

Manpower Military Policy

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