DEPARTMENT OF THE NAVY

 	LCC 
							 Docket No. 4581-05
				 23 Aug 05

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 23 August 2005. 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, 12 August 2005, 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. 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
~	

	IN REPLY REFER TO
                                                                                                                                            1400 3
                                        MMPR-2
                                                                                               AUG 1 2 2005

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

Ref:	(a) BCNR Docket Number 4581-05 dtd 13 Jun 2005
              (b) MCO P1400.29 MARCORPROMMAN

1. Per reference (a) ,	~sent a congressional request to U.S. Representative ‘~ requesting to receive a promotion to sergeant.

2.	A review of record verifies he was promoted to corporal (E-3) (temporary), his highest rank held, on 1 December 1952. The Commandant of the Marine Corps (CMC) has delegated the authority under certain circumstances for commanders to effect meritorious promotions within the enlisted ranks. There is no evidence contained in Service Record that suggests he was ever nominated, considered by a meritorious board, or approved for meritorious promotion to sergeant by his commanders. was released from active duty on 1 November 1953.

3.	Based on the foregoing, it is recommended that DD Form 214 remain unchanged.

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