DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 4448-02
3 December 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member in the Marine Corps Reserve, filed an
application with this Board requesting that his record be
corrected to show that he was not administratively discharged on
20 March 2000 but continued to serve until the expiration of his
enlistment in the grade of sergeant (SGT; E-5).
The Board, consisting.of Mr. Beckett, Mr.
2.
Suiter, reviewed Petitioner's allegations of error and injustice
on 26 November 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Leeman and Ms.
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
Before applying to this Board, Petitioner exhausted
administrative remedies available under existing law and
regulations within the Department of the Navy.
all
b.
Petitioner's application was filed in a timely manner.
C .
Petitioner was honorably discharged from the Marine
.On 20 March 2000 he was discharged under other than
Corps on 31 October 1998 after almost eight years of active duty.
He enlisted in the Marine Corps Reserve on 30 March 1999 for two
years.
honorable conditions for failure to participate in the reserve
program and was not recommended for reenlistment.
with the discharge, he was reduced in grade to from SGT to lance
corporal (LCPL; E-3).
In connection
d.
Petitioner states that because of financial pressures he
had to take a part time job that conflicted with his drill
weekends.
Since he had almost eight years of active duty, he had
no reserve obligation and was not obligated to drill.
that he thought he had been transferred to the Individual Ready
Reserve (IRR) and was not informed of any checkout process.
He states
e.
Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps which states that a nonmandatory
participant cannot be retained in the Selected Marine Corps
Reserve solely for the purpose of administrative discharge
processing if the member requests a transfer to the IRR.
Further, since Petitioner contended that he was not properly
notified of the discharge processing, the command was contacted
and was unable to verify that he was properly notified.
the circumstances, the advisory opinion recommends that the
discharge be cancelled and that the record shows that he served
until the expiration of his enlistment on 29 March 2001 when he
was honorably discharged in the grade of SGT.
Given
CONCLUSION:
The Board notes that Petitioner had almost eight years
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
of active duty and had no further military obligation.
such as this, the Board believes that the proper procedure is to
transfer the member to the IRR. Given the circumstances, the
Board agrees with the recommendation contained in the advisory
opinion.
In cases
Therefore, Petitioner's record should be corrected to show that
he was not discharged on 20 March 2000 but transferred to the IRR
and continued to serve in the grade of SGT until he was honorably
discharged on 29 March 2001 with a recommendation for
reenlistment.
further concludes that all documentation concerning the discharge
processing should be removed from his record.
Since the discharge was improper, the Board
RECOMMENDATION:
That Petitioner's naval record be corrected to show that he
a .
was not discharged on 20 March 2000 but continued to serve in the
IRR in the grade of SGT until he was honorably discharged at the
expiration of his enlistment on 29 March 2001 with a
recommendation for reenlistment.
That the administrative discharge documentation be removed
b.
from Petitioner's record.
C . 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
2
material be added to the record in the future.
d. 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
i
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of
5.
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
3
NAVY | BCNR | CY2007 | 08220-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TRG Docket No: 8220-07 5. May 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF ‘fil Ref: (a) Title 10 U.S.c. 1552 Encl: (1) Case Summary (2) Subject's naval record 1.
NAVY | BCNR | CY2002 | 05431-01
I do not own a vehicle and due to hurricane Despite my repeated requests to be excused from Reserve activities and be transferred to the Inactive Ready Reserve (IRR) based upon my hardship situation and in accordance with Marine Corps regulations, I was shocked to learn that my unit is planning to vacate my noncommissioned officer status (i.e. demote me) and ultimately discharge me from the Marine Corps. contacted or appeared at the reserve center insufficient time to have his request for...
USMC | DRB | 2003_Marine | MD03-00938
MD03-00938 Applicant’s Request The application for discharge review was received on 20030430. The Petitioner never at any time ‘just left” California or his responsibilities with the Marine Corps Reserves. Based upon the above, the Petitioner respectfully requests that this Honorable Board set aside said administrative discharge, correct petitioner’s DD-214 to reflect a discharge characterization of Honorable, reflect a separation code of FND (unqualified resignation) and a reenlistment...
NAVY | BCNR | CY1999 | 06138-99
the Board believes that if Given the circumstances, had understood his situation he would have qualified Therefore, the Board concludes that the record It is clear that Petitioner The best way to accomplish this action is to correct the two year 3 enlistment in the Regular Navy of 23 December 1975 to show that The record should it was an enlistment in the Naval Reserve. With these corrections, years of qualifying service in the reserve component, will have 20 qualifying years for...
USMC | DRB | 2000_Marine | MD00-01075
941115: Letter of intent to administratively separate under other than honorable conditions for the failure to participate in reserve training was sent via certified mail, return receipt requested. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (E and F).In response to applicant’s issues 1 and 2, the Board found that the applicant’s platoon sergeant attempted to mail the...
ARMY | BCMR | CY2004 | 04099903C070208
On 16 February 2000 the Army Reserve Command published orders reassigning the applicant from the 244th to the Army Reserve Control Group (Reinforcement) because she was an unsatisfactory participant [with the 244th]. In the instance of a Soldier who served in the Regular Army for 3 years, the remaining obligation may be satisfied by assignment to the Army Reserve Control Group (Reinforcement). There is no evidence and the applicant has not provided any to show that her involuntary...
NAVY | BCNR | CY2003 | 01904-03
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Naval Reserve, filed an application with this Board requesting that his record be corrected to show a better reenlistment code than the RE-4 reenlistment code assigned on 18 January 2001. The Board, consisting of Ms.-Ms.-dand Mr. -, reviewed Petitioner's allegations of error and injustice on 15 July 2003 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2001 | 03983-01
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From : To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to show a better discharge than the discharge under other than honorable conditions issued on 10 April 1985. which was the expiration of his Petitioner remained in Vpon expiration of...
NAVY | BCNR | CY2001 | 06003-00
1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected to show that he has 20 years of qualifying service for reserve retirement and that he transferred to the Retired Reserve vice being discharged on 13 June 1990. Petitioner enlisted in the Naval...
NAVY | BCNR | CY2008 | 10069-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX TRG WASHINGTON DC 20370-5100 Docket No: 10069-08 19 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF «gigi Ref: (a) Title 10 U.S.C. At the end of his anniversary year on 18 April 2001 he was only credited with 42 of the 50 retirement points necessary for another qualifying year. Although Petitioner requested that the transfer to the...