DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
					2 NAVY ANNEX
	WASHINGTON DC 2O37O~51OO
	TRG
	Docket No: 5866-06
	29 November 2006

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 28 November 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 an advisory opinion furnished by Headquarters Marine Corps and the Commandant of the Marine Corps Fourth Endorsement on the Commanding General, Training and Education Command letter of 31 October 2005, copies of which are enclosed.

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,

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATE MARINE CORPS
3280 RUSSELL R AD
QUANT1CO, VIRGINIA 22 34-5103
	REFER TO:

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

Subj:	BCNR APPLICATION 	USMC (RET RED,

Ref:	(a) HQMC Route Sheet, Docket No . 05866-06 of 11 Aug 06

1.	The reference requests an advisor opinion on petition t correct his record to show
That he was retired as a Colonel (0-6 and issue him a SE~ code that calculates his retired pay in a on standard manner claims that his retirement as a Lieutenant Colonel and the SEP code 4ie was assigned upon retirement were excessive.

2.	On 26 January 2006, this Headquarters was directed by the Assistant Secretary of the Navy (ASN) to retire then-at the lesser grade of Lieutenant Colonel. This was direct as a result of punitive action taken again t . Therefore, this Headquarters defers to the ASN f r an opinion on the motives for directing reduction on retirement.

3. This Headquarters assumes that is referring to the Separation Program Designator (SPD) Co e when he uses the term “SEP Code.” Specifically, claim that his SPD Code incorrectly directs that his retirement pay be based on his rank the day after he retired. All SPD Cod s issued by this Headquarters require retired pay to be based on a member’s rank the day after the member’s retirement. Hi SPD Code directs retired pay calculation no different than any they SPD Code.

4.	Regretfully, this Headquarters mus recommend that the petition for SPD Code not	variable consideration. Point of contact is		

.
	
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps