DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 4080-09
22 February 2010
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 18 February 2010. 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 Headquarters Marine Corps dated 9 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 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,
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD .
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1800
MMSR-5
9 Jun O09
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR ADVISORY OPINION IN THE CASE O
Ref: (a) Chairman BCNR ltr BdG:jdh Docket No. 04080-09 of
6 May 09
Encl: (1) Leave and Earning Statement for 1 - 30 April 2003
(2) D600 Sereen printout
L. The reference requests an advisory opinion LU
petition to correct his record to reflect his separation from
active duty effective 2 June 2003 vice 4 April 2003.
>. Ags shown in enclosures (1) and (2) , eae rtie’ 2.
separated from active duty on 4 April 2003. Per the separation
code of K2 indicated in enclosure (2), this was upon the completion
of his professional military schooling. Per the separation code of
K4 assigned on 5 April 2003, he was then joined to his unit.
3. Based on the above, this Headquarters recommends (ay
| not receive favorable consideration”
703) 784-9306.
4. Point of contact is Major Fenton at
(
i ~—_PENTON
Acting Head, Separation and
Retirement Branch
By direction of the
Commandant of the Marine Corps
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