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NAVY | BCNR | CY2013 | NR5304-13
Original file (NR5304-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8 COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No.NRO5304-13
15 October 2013

 

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 October 2013. 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
opinion furnished by Headquarters Marine Corps (HOMC) memo
1400/3 MMPR-3 of 2 Oct 2013, a copy of which is attached.

after careful and conscientious consideration of the entire
record regarding your request to change your DD Form 214 to show
your discharge as staff sergeant vice sergeant while in the
Marine Corps Reserve, the Board found that the evidence
submitted was insufficient to establish the existence of
probable material error or injustice. Your DD Form 214
accurately reflects your rank at the time of your discharge from
active duty service. Your promotion to staff sergeant while in
the Marine Corps Reserve does not change your active duty DD
Form 214. Accordingly, your request for correction 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,

D Span

W. DEAN PFE Ee
Executive Divettior

Enclosure

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