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

LCC
Docket No. 433-07
14 Mar 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 March 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 MC memorandum 1400/3 MMPR-2, 13 February 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 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,

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

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

Subj:	ADVISORY OPINION IN THE CASE OF 

Ref:	(a) BCNR Docket Number 00433-07 of 2 February 07
		(b) MCO P1400.32D, ENLPROMMAN

1. Per reference (a),	asserts he should have been promoted to the rank of corporal prior to being released from active duty.

2. A review of	record verifies he was promoted to lance corporal (preeminent), his highest rank held, on 1 September 2003. Further review of record showed that he received a composite score of 1597 on 4 June 2004. This score was used for the July, August and September promotion period. The cutting scores needed to be eligible for promotion to corporal in Military Occupational Specialty (MOS), 6541, d4iring these months were 1628 for July, 1625 for August, and 1621 for September. His composite score did not meet the required cutting scores for that promotion quarter	was released from active duty on 31 August
2004.

3.	Based on the foregoing, and in accordance with reference (b)  did not meet the eligibility requirements for promotion to corporal prior to his release from active duty.

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