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NAVY | BCNR | CY2011 | 02657-11
Original file (02657-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BUG
Docket No: 2657-11
23 January 2012

 

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.

You requested the following correction of error or injustice:

promotion to Master Sergeant rank E-8 was not given
to me;

back pay from July 1996 to September 30, 1998 was
not received;

retirement pay should be increased from E-7 to E-8;
moving expenses from Washington, DC back to
Philadelphia, PA which I was entitled to were not
given to me;

during the period of October 21, 1997 to September
30, 1998, while I was on Legal Hold, I did not
receive compensation, though I was entitled to it;
as an honorably discharged Marine, who was entitled
to receive a complete physical, it was not offered
to me;

I was not given any transition assistance to help
me adjust to the new civilian life style;

I did not receive a fitness report for the entire
period that I was under investigation, even though
IT had requested this numerous times (reference

SRB [service record book]) ;

my boat which was confiscated from during the legal
investigation was not returned to me nor did I
receive any compensation in lieu thereof; and

as a retired Marine I am entitled to a retirement
parade, which also was not given to me.
Your pay record shows that you were paid through September 1998.
Regarding your request concerning moving expenses and
reimbursement for your boat, you may contact the Defense Finance
and Accounting Service. Concerning your request for a physical
and transition assistance, you may contact the Department of
Veterans Affairs. With respect to your missing fitness report,
you may contact the reporting senior.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 January 2012. 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 also considered the
advisory opinions from Headquarters Marine Corps dated 1 and 22
August 2011, copies of which are 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. With respect to your requests for promotion
and a retirement parade, the Board substantially concurred with
the advisory opinions in concluding that these requests should
be 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,

\y Noon
W. DEAN PF
Executive rector

Enclosures

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