DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

TRG
Docket No:
26 July 2001

4582-00

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD  0

(a) Title 10 U.S.C. 1552

(1) DD Form 149 w/attachments
(2) CO MALS 42 
(3) Subject's naval record

ltr 1900 S-l of 7

Dee 99

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the United States Marine Corps Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show that he was not discharged under other than
honorable conditions on 7 November 1999 but continued to serve in
the Marine Corps Reserve.

The Board, consisting of Mr. Cooper, Mr. Lightle and Mr.

2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 17 July 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,

regulations and policies.

Documentary material

3.
The Board,
to Petitioner's
follows:

having reviewed all the facts of record pertaining
allegations of error and injustice, finds as

a.

Before applying to this Board, Petitioner exhausted all

administrative remedies available under existing law and
regulations within the Department of the Navy.

b.

Enclosure (1) was filed in a timely manner.

C .

Petitioner enlisted in the Marine Corps Reserve on 10
The record shows that he satisfactorily

July 1997 at age 17.
completed initial training and served in an excellent manner for
over two years.
In 1999 he was charged with missing reserve
drills and on 7 November 1999 was discharged under other than
honorable conditions by reason of unsatisfactory participation in
the Marine Corps Reserve.

At enclosure (2) is a letter from the Commanding Officer

Marine Aviation Logistic Squadron 42 which states, in part, as

d.

follows:

Research at this
(Petitioner) was not
should not have been

command has determined that
an unsatisfactory participant and
discharged.

. 

. 

. The below information was revealed:

a.

During the period of (Petitioner's) alleged

unauthorized absences, MALS-42 was participating in two
drill weekends per month.
The Aviation Supply section
would drill on the first weekend with the other MAG-42
units, and the remainder of the unit would drill on the
third weekend of the month.

a. (Sic) (Petitioner was assigned a platoon code

"MANT" upon reporting to this command.

of 
Maintenance Section would always drill on the third
weekend of the month.

The

b.

(Petitioner) was actually working in the

Aviation Supply section,
VIASUPVV and  
on the first weekend of the month; the BSUP platoon
code would drill on the third weekend of the month.
(Petitioner) was drilling on the first weekend.

which had platoon codes of
ASUP platoon code would drill

"BSUP 
.

The 

IV

C .

In spite of the fact that (Petitioner) was
reporting for drill on the first weekend, the muster
sheets for the first weekend were never annotated to
show his reporting.
sheet always reflected (Petitioner) as  
one in the Maintenance section knew who he was.

On the third weekend, the muster

VAV', because no

d.

(Petitioner) did not question the fact that he

was not getting paid for drills because he knew he had
indebtedness to the Government, and he thought he was
paying the indebtedness back.

e.

When (Petitioner) received the initial

notification of the recommendation for discharge due to
unsatisfactory participation, his Officer-in-Charge,
and the Sergeant who prepares the muster sheets brought
documentation to try to correct the situation.
However, the documentation did not include muster
sheets, as (Petitioner) had not been annotated on the
musters.
This documentation included class rosters,
where the Marines wrote their names individually.

f.

The administrative and accountability problems

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on the muster sheets have been rectified.

. 

. (Petitioner) was the victim of extreme

. 
administrative and accountability oversight and should
not be penalized.
(Petitioner) wants to continue his
Marine Corps Reserve affiliation, and is highly
recommended for retention.

Documentation has been submitted showing that Petitioner

bzen erroneously charged with missing drills and should be
6/7 December 1997,
It is unclear from the

has 
credited with two paid drills each day on  
20/21 February 1999, and  
record whether or not he was paid for drills he attended after
June 1999 until his discharge on 7 November 1999.
A gunnery
sergeant has attested to the fact that despite his discharge, he
attended drills from December 1999 through March 2000.

S/6 June 1999.

f.

Petitioner states in his application that he desires to

be a member of the Marine Corps Reserve.
educational assistance he was receiving will be stopped because
of the improper discharge.

He notes that the

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the commanding officer's letter and
concludes that the record should be corrected to show that he was
not discharged under other than honorable conditions on 7
November 1999 but continued to serve in the Marine Corps Reserve.

and as recommended by the command,

Given the circumstances,
Petitioner should be paid for the drills in December 1997 and in
February and June 1999.
In addition, his pay account should be
audited and he should be paid for any other drills in 1999 that
he attended but for which he has not been paid.
discharge was erroneous,
should be credited with four pay drills each month beginning in
December 1999 and continuing through August 2001.
This later
month was chosen in order to allow for the time necessary to
process this action of the Board.
continue in a drilling status after being advised of this action,
he should be transferred to the Individual Ready Reserve (IRR) on
1 September 2001 with a recommendation for reenlistment.
Finally, Petitioner should be paid any educational assistance he
was deprived of due to the erroneous discharge.

Since the
the Board further concludes that he

If he does not want to

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show that he

3

was not discharged on 7 November 1999 but continued to be a
member of the Marine Corps Reserve;

That Petitioner be further corrected to show that he was

b.
credited with four pay drills in December 1997 and February and
June 1999 and in any other months in 1999 that he attended
drills;

That Petitioner's naval record be corrected to show that he
C .
attended four paid drills a month beginning in December 1999 and
continuing through August 2001;

That he be paid any educational assistance to which he is

d.
entitled;

e. That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future; and

f. That any material directed to be removed from Petitioner's
naval record be returned to the Board,
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.

together with this Report

It is certified that a quorum was present at the Board's

4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.

ROBERT D. ZSALMAN
Recorder

A7 

L?
E. GOLDSMITH

Acting Recorder

Pursuant to the delegation of authority set out in Section

5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.

WW. DEAN P

Executive Director

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