DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

LCC
Docket No. 11287-06
19 Feb 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 13 February 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 CMC memorandum 1400/3 MMPR-2, 29 January 2007, 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 fl4rnished 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	 

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

Subj:	ADVISORY OPINION IN THE CASE

Ref:	(a) BCNR Docket Number 11287-06 of 27 Dec 06
		(b) MCO P1900.16F, MARCORSEPMAN

	1.	Per reference (a), requests a correction to his DD Form 114, effective 27 June 2001 through 26 June     2005, to reflect the rank of sergeant (E-5) vice corporal (E-4)

2.	A review of  verifies he was promoted to corporal on 2 December 2002. He was released from active duty on 26 June 2005. Per reference (b), the rank on the DD Form 214 will be the rank the Marine holds on the date of separation. Therefore, the DD Form 214 in question is correct with the rank of corporal. On 27 June 2005 was transferred to the Individual Ready Reserve (IRR) and was subsequently promoted to sergeant effective 1 January 2006.

3.	Based on the foregoing, DD Form 214 in question is correct and does not require any further action.

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