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

LCC
Docket No. 10633-06
24 Jan 07

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 17 January 2007. 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 CNC memorandum 1400/3 MNPR-2, 19 December 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,

ROBERT D. ZSALMAN
Acting Executive Director
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
I
	MMPR-2
	DEC 19 2006

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

Subj:	ADVISORY OPINION IN THE CASE OF 

Ref: (a) BCNR Docket Number 10633-06 of 1 Dec 06
	(b) MCO Pl900.16F, MARCORSEPMAN

1 Per reference (a), requests a correction 
to his DD Form 214, effective 20 August 2002 through 19 August
2006, to reflect the rank of sergeant (E-5) vice corporal (E-4)

2 A review of record verifies he was promoted to corporal on 1 September 2005. He was released from active duty on 19 August 2006. Per reference (b), the rank on the DD Form 214 will be the rank the Marine holds on the date of separation from active duty. Therefore, the DD Form 214 in question is correct with the rank of corporal. On 20 August 2006 joined the Individual Ready Reserve (IRR) and was subsequently promoted to sergeant effective 1 October 2006.
	
		3.	Based on the foregoing, DD Form 214 in question is correct and does not require any further action.
•	

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