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

					 TRG
                         Docket No: 5302-07 
                         14 December 2007

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 11 December 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 an advisory opinion furnished by Headquarters Marine Corps, a copy of which is 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,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
					     3280 RUSSELL ROAD
                                                                                                       QUANTICO, VIRGINIA  22734

                                                                                                                                                                                           IN RFPLY REFER TO:
          1800
									    MMSR-5 
                                                20 Sep 07

MEMORANDUM FOR THE EXECTIVE DIRECTOR BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:  ADVISORY OPINION IN THE CASE OF 

Ref:	(a) Chairman BCNR ltr TRG:jdh Docket No: 05302-07 of 17 Aug 07
(b)	Title 10, U.S.C., Section 14506
(c)	Title 10, U.S.C., Section 14513

End:	(1) Reconstructed Reserve Retirement Master Control Card

1 Reference (a) requests an advisory Opinion petition to correct his record to show he was not discharged on
30 June 1989.

2.	Reference (b) requires the separation from an active status, or discharge of a major who has completed twenty years of commissioned service and has twice failed selection for promotion to lieutenant colonel records show that his commission control date was 30 June 1969 and he had twice failed selection for promotion to lieutenant Colonel After his second failure for selection, had fifteen satisfactory years of qualifying service, five years short of the required twenty satisfactory years needed for retirement In accordance with reference (c) involuntarily discharged after twenty years of commissioned service, 30 June 1989.

3.	Based on the above, this Headquarter recommends that not receive favorable consideration

4.	Point of contact is Corporal (703) 784-9306.

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