DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1038-01
20 July 2001
Dear's
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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
18 July 2001.
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.
considered your application on
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
14 July 1989 for eight years at age 17.
you completed two periods of active duty for training from
September 1990 and February to May 1991.
LCPL (E-3) in August 1991.
recommended for CPL (E-4) due to a lack of maturity and
leadership.
The record reflects that
June-
However, in October 1992 you were not
You were advanced to
Subsequently, you failed to report for a regularly scheduled
drill on 24 June and your active duty for training from 25 June
to 11 July 1993.
factory participation continue,
other than honorable condition.
ledged receipt of the foregoing notification and declined to make
a statement.
You were notified that should this unsatis-
you could be discharged under
The following day you acknow-
On
action was being initiated by reason of unsatisfactory
9 August 1993 you were notified that administrative discharge
parti-
You were advised of your rights,
cipation in the Ready Reserve for missed drills on 24 June and
l-8 August 1993, and for failure to report for active duty from
25 June to 11 July 1993.
declined to consult with legal counsel or submit a statement in
your own behalf, and waived the right to present your case to an
officer-
administrative discharge board (ADB).
in-charge (OINC) recommended to the discharge authority that you
be discharged under other than honorable conditions by reason of
unsatisfactory participation.
discharge authority's staff judge advocate concerning your
suitability for further service, the OINC noted that he had
contacted you to determine why you had missed drill on 24 June
1993, and you told him you were having personal problems and
would not be coming back to the Marine Corps.
you were worried that the mother of your illegitimate child was
going to try and kidnap the child and did want your mother to
baby sit the child.
of your scheduled active duty for training and had sufficient
time to make arrangements for child care, but you did not make
the unit aware of problems until after your missed a drill and
the period of active duty.
The OINC further noted that you were aware
In a separate statement to the
Thereafter, the
You explained that
By letter of 29 March 1994,
discharge under other than honorable conditions by reason of
unsatisfactory participation in the Marine Corps Reserve, and
assigned an RE-4 reenlistment code.
the discharge authority directed
Reservists are not assigned reenlistment codes upon
However, the fact that the
The Board noted that you request a change in your reenlistment
code.
discharge from inactive duty.
discharge authority, in his letter of 29 March 1994, directed
assignment of an RE-4 reenlistment code is harmless error. An
RE-4 reenlistment code means that an individual is not
recommended for reenlistment.
code and
Your discharge under other than honorable conditions essentially
precludes any consideration for reenlistment.
appropriate that the record show that you are not recommended for
reenlistment.
"not recommended for reenlistment" are synonymous.
Therefore, an RE-4 reenlistment
Accordingly, it is
The Board did not consider the characterization of your discharge
since you have not exhausted your administrative remedies by
first applying to the Naval Discharge Review Board (NDRB).
NDRB is authorized to change both the reason for discharge and
Enclosed is a DD form 293
the characterization of discharge.
which may be used to apply to the NDRB.
The
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
2
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
3
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