DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100	

LCC
Docket No. 151-06
1 Nov 06

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 31 October 2006. 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 1600 CNT, undated, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 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.

Sincere1y

W. DEAN PEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
	HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5 103
IN REPLY REFER TO
	1600
	CMT

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

Subj:

Ref:	(a)	DO Form 149 dtd 1 December 05
	(b)	BCNR request for advisory opinion of 5 September 06
	(c)	MCO P1040.35R

1.	Per references (a) and (b), we have reviewed SSgt XXXX request to have some or all of his time restored

	a. Staff enlisted in the United States Marines Corps on 7 August 1906. He served on active duty for  year and joined the Marine Corp Reserve on 2 September 1990.  XXXX  served in the Marine Corp Reserve until his voluntary discharge on 20 December 1998.   He was promoted by the rank  Staff Sergeant effective 1 January 1995.  Documents  provided by the Staff Sergeant XXXX in his off-contract waiver package indicate that he enlisted in the United States Army on 5 February 1999 in the pay grade of E-5 and was discharged from the U S Army on 4 February 2002 in the pay grade of E-6.  Staff Sergeant XXXX applied for reenlistment into the Marine Corps Reserve on 8 January 2003 in the pay grade of E-6

	b.  Per paragraph 5104.2 of reference (c) if enlisting within 12 months after separation from the Marine Corps or Marine Corps Reserve, applicants will be reappointed to the grade held at the time of separation and will retain the original date of rank. If enlisting between 12 months and three years after separation, Marines in the rank of Sergeant and above will be credited with one-half of prior service in grade.  If enlisting three years of more after separation, the applicant will be reappointed to the grade held at the of separation with a date of rank as the date of reenlistment .  The Marines Corps considers this policy to be sufficiently comprehensive, fair and coherent.  Staff Sergeant XXX off-contract waiver request was not initiated until 4 March 2002 and he did not reenlist until 8 January 2003.

2. We recommend disapproval of XXXX request to have his original date of rank restored.