DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 08071-10
18 April 2011
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 18 April 2011. 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. The Board considered the advisory
opinions furnished by Headquarters Marine Corps (HOMC) memo 1650
MMMA-3 of 13 Dec 10 and 1070 MMSB-13 of 28 Mar 11, copies of
which are attached. Your request to change your record to show
you were separated from the Marine Corps as an E-4/Cpl vice
E-3/Lcepl has been administratively corrected by HOMC. Our
office has provided you a copy of your DD Form 215 for your
records. Therefore, there is no action required by this Board
regarding your promotion status.
However, 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 to your request for a combat action ribbon.
Furthermore, 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. DEAN DFE y
Executive Dir
Enclosures
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