DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 9393-18 
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.  
   
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2019.  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 Marine Corps Recruiting Command (MCRC) letter 1000 ADMN of 24 July 2019 and your response to the opinion.  
 
On 11 May 1994, you enlisted in the U.S. Marine Corps Reserve.  On 26 September 1994, you entered active duty in the U.S. Marine Corps.  On 27 June 1998, you were released from active duty and transferred to the U.S. Marine Corps Reserves.  On 10 May 2002, you were discharged.  On 21 February 2007, you enlisted in the Marine Corps Reserve.  On 3 June 2007, you entered active duty and attended Officer Candidate School.  On 10 August 2007, you were commissioned a second lieutenant in the U.S. Marine Corps.  On 30 November 2017, you were released from active duty and transferred to the U.S. Marine Corps Reserve. 

You requested to be commissioned as a second lieutenant/O1E and receive back pay.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, DoD 7000.14-R FMR, Volume 7A, Chapter 1, paragraph 010203.A.2 states that Commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years (i.e., at least 4 years and 1 day) of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade O1E, O-2E, or O­3E.  Nevertheless, the Board concluded that even if they were to consider both your active service periods from 1994 to 1998 and 2007, you still would have not met the requirement.   Furthermore, DoD 7000.14-R FMR, Volume 7A, Chapter 1, paragraph 010203.A.6 did not pertain to you because you were not part of the Selected Reserve.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

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.   

Sincerely, 


11/25/2019