DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
CRS
Docket No:
4 September 2002
4759-02
Your allegations of error and
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 2002.
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.
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.
The Board found that on 5 June 1997 you enlisted in the Marine
Corps Rerserve for eight years.
contract required you to participate in 48 drills and perform 14
days of active duty for training (ACDUTRA) each year.
reported for initial ACDUTRA on 9 June 1997.
On 1 August 1998
you were released from active duty and assigned to a Marine Corps
Reserve unit.
Subsequently, on 3 August 1998 you plead guilty to
armed robbery and were sentenced to confinement in a Federal
facility.
On 15 November 2000 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
unsatisfactory participation due to failure to attend regularly
scheduled drills.
elected to waive the right to present your case to an
administrative discharge board.
authority, the
were discharged with an other than honorable discharge on 20
April 2001.
recomffiendation for separation was approved and you
At that time, you were assigned a reenlistment code
In this regard, your enlistment
You
When informed of the recommendation, you
After review by the discharge
of RE-4.
As a reservist, you were incorrectly given a reenlistment code.
However, that code means that you were not recommended for
Such a recommendation was appropriate for a
reenlistment.
reservist separated by reason of unsatisfactory participation.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not ask for such consideration and you have not exhausted your
administrative remedy by applying to the Naval Discharge Review
Board (NDRB).
You may apply to NDRB by submitting the attached
DD Form 293.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
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