D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
LCC :ddj
Docket No: 5583-98
23 March 1999
Dear
.
.
,: .
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 23 March 1999. 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 1001/ 1 MMEA-6 of 17 February 1999, a copy of
which is attached.
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 h a r d 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 T H E NAVY
H E A D Q U A R T E R S U N I T E D STATES M A R I N E CORPS
3 2 8 0 R U S S E L L R O A D
QUANTICO, V I R G I N I A 22 134-5 103
IN REPLY REFE TO:
1001g1
MMEA- 6
17 Feb 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
1. We have reviewed
that you deny his re
The following~~chronology pertains:
.request and recommend
at the full rate.
- On 14 arch. 1
reenlistment.
9
9
7
,
t
requested
T
e
' request for
n
.
- On 7 April 1997,
u
r
n
t
e
His current
reenlistment was r
enlistment contract was a probationary reenlistment contract.
This type of contract is given to members who have experienced a
career setback, and the observation contract provides for time to
correct discrepancies. S p e c i a l l y , r received
an adverse fitness report, disenrollment from SCaff
Noncommissioned Officer Course and nonjudical punishment for
violation of articles 112, drunk when reporting for temporary
duty and 134, 2 counts of disorderly conduct, of the Uniform Code
of Military Justice (UCMJ). He was instructed to rekubmit his
request when he was within 90 days of his expiration of active
service (EAS) .
- on 23 October 1997,
reenlistment.
- On 31 December 1997,
requested
was denied further
ce was that
received his second adverse report during the
probationary contract. This report cited his relief from his
primary duty as Administrative Chief, due to his attitude and
demonstrated lack of skills. He rendered himself ineligible for
further service because he obtained a adverse fitness report
while serving on a probationary reenlistment contract.
.
2. In denying
him a reenlist
code is warranted on the basis of his sub andard
performance/conduct. Additionally, 4
was
authorized involuntary separation pay at the-T2CI-f rate. Per
Marine Corps Order P1900.16E1 Marine Corps Separation and
Retirement Manual, and SECNAVINST 1900.7G, Separation Pay for
Involuntary Separation from Active Duty, a Marine must be fully
qualified for reenlistment in order to receive full separation
furt-her service we assigned
f RE-3C. This reenlistment
Subj: BCNR DOCKET NO. 05583-98 CASE OF F
case, he did not qualify for
..---- -
re to maintain the performanre
and conduct standards expected of a staff noncommissioned officer
of his experience, grade, age and maturity thus, he rendered
Career Planning and Retention Manual. Therefore, I-. '
himself unqualified for retention per MCO P1040.31G Enlisted
1C1) was only entitled to separation pay at the one half rate.
3. Based on
conduct and in accordance with current orders and ~olicies h~
J , * A -
was not qualified for reenlistment. f was
granted the correct amount of separat
Therefore, we recommend that you deny
request for full separation pay.
substandada perrformance and
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