DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
						  2 NAVY ANNEX
	WASHINGTON DC 20370-5100

		LCC:lc
		Docket No: 9576-03
		11 May 2004

Dear

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 11 May 2004. 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 memorandum 1400/3 MMPR-2, 21 April 2004, 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,

W. DEAN PFEIFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS I)EPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104

										IN REPLY REFER TO:
										1400/3
										MMPR-2
											APR 2 1 2004

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

Subj:	ADVISORY OPINION IN THE CASE OF CORPORAL  USMC

Ref:	(a) BCNR Docket No: 9576-03 of 2 April 2004

1.	Per reference (a), Corporal XXXX requests a copy of his promotion warrant to sergeant while on active duty in the United States Marine Corps.

2.	Upon reviewing Corporal XXXX request, there is insufficient information to make a determination on his promotion selection to sergeant.

3.	Recommend Corporal XXXX pay grade remain E-4 as stated on his DD Form 214.

Major, U.S. Marine Corps
Head, Enlisted Promotion Section