Docket No. 7281-18 
Ref: Signature Date 



This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Headquarters, U.S. Marine Corps (HQMC) memorandum 1400/3 MMPR-2 dated 9 January 2020; a copy of which was previously provided to you for comment.  

You requested promotion to the paygrades E-2 and E-3 prior to your actual promotion dates, which could have an impacted your promotion to the paygrade of E-4 at an earlier date.  Moreover, you requested to receive pay and entitlements for 6 months prior to your discharge date, reimbursement of travel expenses upon returned to home of record and affiliation back into the U.S. Marine Corps.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded there was no evidence of an error or injustice to your record regarding your promotion.  You were meritoriously promoted to the paygrade of E-2 on 2 July 1979.  Subsequently, you were promoted to the paygrade of E-3 on 1 May 1980 and E-4 on 1 February 1982.  Although you had the time in grade for promotion to the paygrade of E-3 effective 1 April 1980, you were not recommended for promotion since you were placed in the Special Physical Training Platoon during that period. In addition, you were eligible for promotion to the paygrade of E-4 effective 1 December 1980; however, you were promoted to the paygrade of E-4 on 1 February 1982.  Although you had retained composite scores after 1 December 1980, HQMC could not obtain the cutting scores for your Military Occupational Specialty (MOS) from 1980 to 1983.  Moreover, your record reflects the command’s concerns of your MOS non-proficiency and speech impediment while in service.  Subsequently, you were discharged from the Marine Corps due to your speech impediment on 20 September 1983. The Marine Corps would have required you to conduct a physical prior to your discharge from service.  Finally, you provided no supporting documentation to show your intent of re-affiliating back to the Marine Corps after your discharge from service. In this connection, the Board substantially concurred with the comments contained in the advisory opinion.  In regards to your assertions of not receiving 6­months pay and entitlement prior to your discharge date and non-reimbursement for travel expenses upon returning to your home of record, you provided no proof to support these claims.  

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.