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NAVY | BCNR | CY2001 | 07615-01
Original file (07615-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20374.5100

LCC:ddj
Docket No:
27 November 2001

 

7615-01

This is in reference to
 
provisions of title IO of the

your- application  

fiu- correction of your naval record pursuant to the

 

Ilnited States Code, section

 

1552.

 

for- 

Board 

of‘ the  

(correction  of Naval Records, sitting in executive

A three-member panel
session, considered your application on 27 November
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings
your application, together with
applicable statutes, regulations
opinion furnished by
CMC 
attached.

Documcnt~~ry  material considered by the Board consisted of
mterial  submitted in support thereof, your naval record and

In addition, the Board considered the advisory
1 RAP of 7 November 2001, a copy of which is

 
all 
and policies.
IiieI1loran~llllll  

of this Board.
 
 

. Your allegations of error and
I 

200 

IO0 

 

 

  and  conscientious consideration of the entire record, the Board found that the

After careful
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.
the members of the panel will

your application has been denied. The names and votes of

~rpon  request.

be furnished  

Accordingly, 

 

 

your case are such that favorable action cannot be taken.

of‘ 

the 

circun~stances  

It is regretted that
You are entitled to have the Board reconsider its decision
evidence or other matter not previously considered by the Board.
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
demonstrate the existence

probable material error or

illjustice.

of‘ 

upon submission of new and material
In this regard, it is important

on the applicant to

 

 

 

 

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE  

NAVY

HEADQUARTERS UNITED STATES MARINE   CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221344103

IN REPLY REFER TO:

1001
RAP

7NovOl

RESERVE AFFAIRS DIVISION COMMENT on

 

Tasker 

#20011029-01

Subj:

APPLICATION FOR CORRECTION OF NAVAL RECORD; CASE OF

Ref:

Encl:

(a) 

MC0  

PlOOlR.lJ

(1) Ltr from

Aurora

Medical Center of

(2) Reserve Absence Remarks
(3) Notification of Participation Requirements For

Mandatory Participants

(4) Unsatisfactory Participation Worksheet
Ott  99
(5) Battery A 
(6) Administrative Reduction Order For

ltr  1900 CO dtd 25 

Unsatisfactory Participation

(7) Marine Forces Reserve  

ltr  1900 

G-1P  dtd 02 May

2000

PFC

1.
calendar year
reinstatement to the rank of Lance Corporal.

cannot be excused for missed drills during
.

Further PFC Salisbury is not eligible for

PFC

2.
snowmobile accident, he should be excused for  
perform during calendar year 1999.

contends that due to injuries resulting from a

IDTs  he failed to

PFC

was a  SMCR member of Battery A, 1st Battalion,

3.
14th  Marines, in Aurora, Colorado.
snowmobile accident on 28 Feb 99.
diagnosed with severe blunt chest injuries consisting of
multiple rib fractures,
collapsed lung.
Aurora Medical Center the same day.
discharged from the hospital in less than one week.

blood in his chest cavity, and a
He was admitted to the Trauma Unit of the

He was injured in a
Per enclosure (1) he was

He recovered enough to be

Reference (a)  

4 .
the Medical Department Representative (MDR)
unit within five days after the injury. He
attempt to contact the unit and inform them

3105.6a  required PFC

para  

0 notify
CO/OIC/I&I  of his

or 
did not make any
of the accident

Subj:

APPLICATION FOR CORRECTION OF NAVAL'RECORD; CASE OF

until late 1999,
report for mandatory  

over six months later.

IDTs  during this period.

Further he failed to
Enclosure (2).

(3),

(4),  

Per enclosures  
5.
attempted to contact
we're unable to reach hi
declared to be an unsatisfactory participant and was
administratively reduced from the rank of  
effective date of 31  

and,*_(s),

PFC

Personnel from Battery A

on numerous occasions but
was
sult, PFC

Ott  99 as indicated in enclosure (6).

LCpl  to PFC with an

Battery A submitted a medi

After consultation with PFC

6.
rank,
Naval Bureau of Medicine  
directed by Marine Forces
proceedings as a result of PFC
physically qualified (NPQ) for
per enclosure (7).

& Surgery.

Reser

upon his reduction in
arge package to the

On 02 May 00,

Battery A was

ate discharge
eing found not
ty in the Marine Corps

IDTs  he missed.

could  have been designated as Temporarily Not

7 .
Physically Qualified (TPNQ) and therefore excused from
performing the  
requires that the Marine comply with the instructions of
3105.6a,
PFC Salisbury made no attempt to inform his unit of his medical
condition until after receiving a notice of pending
Had he simply called his chain of
administrative reduction.
command they would have taken an active interest in his welfare
and helped him to request TPNQ status.

before the scheduled  

this designation

reference (a),

However,

 

IDTs  take place.

para

was later found to be NPQ during

The fact that PFC

does not excuse his blatant disregard for communication

8.
2000,
and coordination with his unit during 1999.
commanding officer made persistent attempts to provide him the
opportunity to comply with the applicable requirements based on
his condition.
The unit took the appropriate response when he
failed to comply and his administrative reduction in rank should
stand as executed.

The unit and his

The point of contact concerning this matter is Maj

9.
at (703)  

784-9136/40.

L
I’

Subj:

APPLICATION FOR CORRECTION OF NAVAL RECORD; CASE OF

Personnel Plans and

Head,
Policy Branch
Reserve Affairs Division
By direction



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