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

LCC
Docket No. 6319-06
26 Sep 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 26 September 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 1400/3 l’II4PR-2, 30 August 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.

Enclosure

				DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
				HARRY LEE HALL, 17 LEJEUNE ROAD											QUANTICO, VIRGINIA 22134-5104
						
											IN REPLY REFER TO:	
											1400/3
											MMPR-2
											AUG 30 2006

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

Subj:	ADVISORY OPINION IN THE CASE

Ref:	 (a) BCNR Docket Number 06319-06 of 18 Jul 06

	 1.  	Per the reference, Mr. XXXX requests that his service record be corrected to show that he was promoted to sergeant prior to his discharge from the Marine Corps on 20 November
1983.
	
	2.		Research of  XXXX military service records indicate that he would have met the time in grade time in service requirements for promotion to the rank of sergeant prior to his discharge from the Marine Corps. However, further research showed that Mr. XXXX composite score for the rank of sergeant was not computed by his unit. The information contained in XXXX military service records was not sufficient enough for this office to recompute his composite score. Therefore, it could not be determined as to whether he met the required cutting score for promotion prior to his release from active duty. If Mr.XXXX can provide additional official documentation to show that he met the cutting score for promotion to sergeant, we will research this matter further.

3.	Based on the foregoing, it is recommended that rank and date of rank remain unchanged at this time.

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