DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
BJG
Docket No: 3797-02
7 October
2002
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.
You requested, in effect, correction of your naval record to show you were on the Inactive
Status List (ISL) from your release from active duty on 16 January 1995 to your receipt of
new orders to return to active duty on 15 November 2001; removal of your failures of
selection by the Fiscal Year 2001 and 2002 Reserve Major Selection Boards; removal of your
resignation; and by implication, cancellation of your discharge from the Marine Corps
Reserve on 14 January 2002.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
2002. Your allegations of error and
session, considered your application on 3 October
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 Headquarters Marine Corps, dated
31 May
2002, 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. They were unable to find you were improperly advised or that you
even inquired about the ramifications of Individual Ready Reserve (IRR) versus ISL status.
They found no indication that you ever submitted a resignation; on the contrary, your undated
letter at enclosure (9) to your application indicated you did not wish to resign your
commission. In view of the above, 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
copy to:
The Honorable Barbara Boxer
The Honorable Dianne Feinstein
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
Y
3280 RUSSELL ROA
D
QUANTICO. VIRGINIA 22 134-S
I03
IN
REPLY
REFER
l-0:
1000
RA/cmt
31 May 0 2
RESERVE AFFAIRS DIVISION COMMENT on MME
Subj:
Ref:
(a)
(b)
(c)
(d)
M&RA Tasker of 24 May 02
MC0
MC0
PlOOlR.1 MCRAMM
p1900.16 MARCORSEPMAN
ltr undated to Mrs. Debbie Hays
Cap
the following information is
In response to reference (a),
was retained in the IRR because he
1.
provided.
submitted a letter requesting that category of service.
Therefore, his request to change his military record to reflect
he was on the ISL is not recommended.
Kasten's request to remove the two failures of selection to
promotion and his resignation are not recommended.
following justification is'provided.
Additionally,
The
correctly notes, reference (b) dictates that
2. A
t under an obligation will be transferred to
Reser
the Inactive Standby List (ISL) if they fail to earn at least 27
retirement credit points during their anniversary year.
Transfer to the ISL is accomplished per guidelines established
in reference (c),
Reserve Support Command (MCRSC) to notify the nonobligor Reserve
officer who has not met prescribed satisfactory Reserve
participation.
para 3007 that requires the Marine Corps
3.
meet
Per reference (d), following his notification of failure to
satisfactorv Reserve
Darticipation and imminent transfer to
para 2506 that states, "A Reservist assigned
transfer to an active status should submit a
the
MCRSC."
'indicated his desire to remain in
hored as allowed
per reference (b),
to the ISL desiring
written request to
4.
nece
5-year period of inactivity, even i
been granted a three-year tour in t
still have been screened by the mobilization potential screening
led to obtain the minimum
the IRR for 5 consecutive
Given this
initially
would
required points
.-
Subj:
board and discharged after three years as required by reference
(c),
para 3003.6.
5.
The point o
at commercial
(
By direction
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