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

LCC
Docket No. 1145-06
9 May 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 9 May 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 memorandum 1040 MMEA, 17 March 2006, 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.

Sincerely

                                                          DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1040
MMEA
17 Mar 06

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

Subj:

Ref:    (a) SECNAVINST l900.7G

1.    We have carefully reviewed  package and the following  comments are provided:

2.    On 3 November 2005, Sergeant voluntarily departed his unit on leave awaiting separation with the intent to be discharge on 10 January 2006.

3.   On 10 January 2006, the Commanding Officer, Combat Service Support Detachment-21 recalled Sergean from leave and involuntarily extended him past his end of active service at the convenience of the government to adjudicate a possible infraction of Uniform Code of Military Justice.

4.   On 25 January 2006,  was found guilty of violating the Uniform Code of Military Justice and subsequently reduced one grade was released from his involuntary extension and discharged from the Marine Corps at his own request on 25 January 2006.

5. After a thorough search of our archives, no record exists to indicate that Corporal	ever submitted for reenlistment and thus paragraph 9.a. of the reference applies; “members separated from
active duty at their own request are not eligible for separations pay.”

6. This headquarters recommends that   be paid separations pay.

Colonel, U. S. Marine Corps
Head, Enlisted Assignments Branch