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

LCC
Docket No. 5285-04
11 August 2004

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 August 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, 27 July 2004.

After careful and conscientious consideration of the entire record, the Board found that th 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
ILEXDQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
	HARRY LEE HALL, 17 LEJEUNE ROAD	IN REPLY	QUANTICO, VIRGINIA 22134-5104
14 00/3
MMPR-2
JUL 2 2004

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

Subj:	ADVISORY OPINION IN THE CASE OF  FORMER USMC

Ref:	(a) BCNR Docket Number 5285-04 dtd 24 Jun 2004

1. Per the reference,	asserts he should have been promoted to the grade of technical sergeant vice staff sergeant prior to his final separation from active duty on 21 May 1946.

2. A review of	record verifies he was promoted to staff sergeant (pay grade 3), his highest rank held. There was no evidence available in record verifying promotion to technical sergeant.

3.	does not meet the requirements for promotion to technical sergeant. If there is any additional information to support his request, we will further research the matter and provide an appropriate response. 

Captain, U.S. Marine Corps
Head, Enlisted Promotion Sect