DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON DC 20370-5100
MEH: ddj
Docket No: 1771-00
16 May 2000
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 16 May 2000. 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 1400 RAP-32 of 17 April 2000, 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 board 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
HEADQUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE
3280 RUSSELL ROA
D
GUANTICO, VIRGINIA 22134-5103
NAVY
IN REPLY REFER TO:
1400
RAP-32
I
,F,PR
XSO
1
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
N IN THE CASE OF
(a) DOD Instruction 1205.21 Reserve Component Incentive
Programs and Procedures, September 20, 1999
Encl:
(1) TRANSFER TO THE INDIVIDUAL READY RESERVE (IRR) ORDERS
After
revi
1.
disapproval of
of unearned portions of a
application,
request for waiver of recoupment
we recommend
reenlistment bonus.
2.
$1
Selected Marine Corps Reserve.
eceived
s unearned upon his voluntary exit from the
$3,332.32 in bonus payments,
Paragraghs 6.6.2 and 6.9.4. of the
3.
to termination and recoupment.
voluntary transition to the IRR negates these exceptions.
he forfeited his entitlement to
transferring to the IRR,
additional bonus payments,
portion of his reenlistment bonus.
referen
Unfortunately,
prompting recoupment of the unearned
By
4.
Sergeant
Point of contact at Reserve Affairs Division is Master
at 784-9136.
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