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NAVY | BCNR | CY2009 | 03861-09
Original file (03861-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 3861-09
29 Jun 09

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 29 June
4009, -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 1070 MMSB-13 of 4 Jun 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 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
Sincerely,

error or injustice.
Kas

W. DEAN PFEIPREM ~.
Executive Di

  

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

 

PERSONNEL MANAGEMENT SUPPORT BRANCH (MMSB) IN REPLY REFER TO
2008 ELLICT ROAD 1070
QUANTICO, VA 22134-5030
MMSB-13
4 Jun 2009

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

Subj: ADVISORY OPINION; CASE OF

1. The information contained in (ip application is
not sufficient to justify a correction of Home of Record.
Specifically, page 2 of DD Form 4 (Enlistment Contract) signed by

ron 18 March 2003 verifies his Home of Record upon entry
as » Tf he can furnish
evidence such as owning o ome or paying property taxes, voting

registration or other Broo of residence at the desired home of
record prior to entry on the relevant tour of active duty which
began 18 March 2003, further consideration will be given to his
request,

 

 

 

2. A subsequent change of address does not constitute a
correction of home of record for Marine Corps purposes. However,
an individual is not prevented in any way from establishing a
residence other than the home of record originally recorded. Home
of Record or legal address for other purposes must be determined
under civil law.

LOVELL
Head
Records Correspondence Section
Manpower Management Support Branch
By direction of the
Commandant of the Marine Corps

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