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NAVY | BCNR | CY2009 | 03773-09
Original file (03773-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC .
Docket No. 3773-09
16 June 2009

 

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

15 June 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 Memo 1040 MMEA dtd 26
May 09, 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 igs 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
reguiarity 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,

TR QOD tomeae

Foe W. DEAN PFEIFFER es |
Executive Director (

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD ©
QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:

1040
MMEA
26 May 09

 

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

 

Subj: BCNR DOCKET NO

03773-09; REQUEST FOR. ADVISORY OPINION IN THE
CASE oF —ayeee — aac ~ ae IN

 

Ref: (a) MARADMIN 370/08
(b) MARADMIN 367/068

} request and the

 

1. We have carefully reviewed sii
Eollowing comments are provided.

2. On 10 October 2008, aero submitted a lateral move
request for a Primary Military Occupational Specialty (PMOS), of 0352
to this headquarters. On 14 October 2008, il ne
request was approved, and he executed the lateral move. At the time
of his lateral move, qe MB was eligible for a Fiscal Year
2009 Zone A Selective een istment Bonus (SRB) of $46,000 per
reference (a). He received this SRB on 24 April 2008.

 

 

 

3. Marines who request lateral move are not authorized the Monitored
Command Code SRB kicker of $25,000 per reference {a), paragraph 6.
Marines who elect lateral move in conjunction with reenlistment will
be assigned a duty station according to the needs of the Marine Corps
per reference (b), paragraph 12. ,

4. This headquarters recommends 

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