DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 8561-98
10 May 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 28 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
The Board found that you enlisted in the Marine Corps Reserve on
6 January 1993 for eight years at age 19.
to-
Initial Active Duty for Training (IADT) on
1 February 1993 and
were honorably released and transferred to a Marine Corps Reserve
unit in Moundeville, WV on 4 August 1993.
You were ordered
The record reflects that during the five month period from
November 1993 to March 1994 you accumulated 16 unexcused drills.
On 7 March 1994, you were notified by certified mail that you
were being recommended for discharge by reason of unsatisfactory
The letter of notification
participation in the Ready Reserve.
advised you that discharge could be under other than honorable
conditions, and of your rights to representation by counsel and
presentation of your case to an administrative discharge board
(ADB).
that failure to respond, after being afforded a reasonable
opportunity to consult with counsel,
rights.
14 March 1994 but failed to contact your unit as to your
intentions regarding the recommended discharge.
You acknowledged receipt of the certified letter on
You were directed to respond by 28 March 1994 and advised
constituted a waiver of your
On 5 May 1994, the commanding officer (CO) recommended your
discharge under other than honorable conditions by reason of
unsatisfactory participation due to an excessive number of
unexcused absences from regularly scheduled inactive duty
The CO noted that since November 1993 you had
training periods.
Despite numerous attempts to
accumulated 24 unexcused absences.
contact you by phone through your family, you continued to ignore
your chain of command.
unwilling or incapable of completing your military obligations.
On 5 October 3.994,
the staff judge advocate for Marine Reserve
Force reviewed the discharge documentation and found it to be
sufficient in law and fact.
directed discharge under other than honorable conditions by
reason of failure to participate,
reenlistment code.
You were so discharged on 25 October 1994.
The CO opined that you were either
Thereafter, the discharge authority
and assignment of an RE-4
Reenlistment codes are assigned when an
An RE-4 reenlistment code means an individual is not recommended
for reenlistment.
individual is released or discharged from active duty to
A reenlistment code
determined their eligibility for retention.
is not assigned upon completion of IADT. Reservists should not be
They are either
assigned a reenlistment codes when discharged.
recommended or not recommended for reenlistment.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity.
The Board particularly noted your contention that your discharge
was the result of your inability to travel three-and-a-half hours
from your home in Pennsylvania to West Virginia.
You claim that
you made numerous requests to be transferred to a unit closer to
your home, but the command would not or could not make it happen.
The Board concluded that the foregoing factor and contentions
were insufficient to warrant recharacterization of your given the
excessive number of unexcused drills which led to your discharge.
The Board noted the aggravating factor that you failed to respond
to the letter of notification and by doing so, you waived your
right to an ADB, the one opportunity you had to show why you
should retained in the reserves or discharged under honorable
conditions.
be a mitigating factor; however,
evidence regarding the efforts you claimed you made to get
assigned to a unit closer to home.
the circumstances which prevented you from attending regularly
scheduled drills, the Board concluded that the discharge was
proper and no change is warranted.
The distance you had to travel to attend drills may
you provide no corroborating
Absent persuasive evidence of
The Board finds that removal of the RE-4 reenlistment code to be
replaced by "not recommended for reenlistment" would be a
meaningless correction.
drills provides sufficient justification to warrant the discharge
The Board concluded that 24 unexcused
Therefore, the
authority's non-recommendation for retention.
Board concluded that the assigned reenlistment code in this case
Accordingly,
was harmless error and does not warrant removal.
your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
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
existence of probable material error or injustice.
is on the applicant to demonstrate the
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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