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NAVY | BCNR | CY2002 | 03797-02
Original file (03797-02.pdf) Auto-classification: Denied
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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