DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
ELP
Docket No. 6100-01
18 January 2002
Dear-
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
16 January 2002.
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.
considered your application on
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 record reflects that you enlisted in the Alabama Air National
Guard on 31 January 1992.
The statement of service you provide
shows that you were ordered to active duty on 20 July 1992 and
were honorably released from active duty on 24 June 1994. A
Report of Separation and Record of Service shows you were
discharged from the Alabama Air National Guard on 27 February
1995 and transferred to the Air Force Reserve.
that your military obligation termination date was 30 January
1998.
That form shows
The statement of service also shows that you continued to serve
in the Air Force Reserve until you enlisted in the Marine Corps
on 22 April 1996.
You were honorably discharged from the Marine
Corps upon completion of your required active service on 21 April
2000.
Date since there was no military obligation remaining.
Your DD Form 214 shows no Reserve Obligation Termination
The statement of service further indicates that you enlisted in
the regular Air Force on 28 November 2000 and accepted a
commission as a to second lieutenant in the Air Force Reserve on
2 March 2001.
Your contention that your Marine Corps
However, even if your
The Board conducted a careful search of your record for a
valid basis upon which to show that you were not discharged from
the Marine Corps in April 2000, but were transferred to the
Marine Corps Reserve until your enlistment in the Air Force on
28 November 2000.
However, no justification for such a change
could be found.
enlistment contract shows that you enlisted for eight years
cannot be verified from available records.
enlistment contract showed an eight year term of service, it
would be erroneous since six years is the maximum term for which
Your DD
an individual can enlist in the regular Marine Corps.
Form 214 clearly shows that you were discharged after completion
of your required active service.
Therefore, it was reasonable
for the Board to conclude that your enlistment was for four years
The Board also noted the letter from Air Force
of active serve.
Personnel Center to Headquarters,
Marine Corps which states that
individuals entering military service after June 1984 incurred an
eight-year obligation and that your DD Form 214 should reflect
you were transferred to the Marine Corps reserve since you still
The individual writing that letter
had a military obligation.
apparently was not aware of your prior Air Force service.
Although an Air Force separation document states that your
military obligation termination date was 30 January 1998, that
date also appears to be erroneous since the military obligation
has been eight years since 1984,
and eight years from the date
you first enlisted in the Alabama Air National Guard would have
been 30 January 2000.
discharge from the Marine Corps.
was completed prior to your discharge, there was no basis to
release you from active duty and transfer you to the Marine Corps
Individuals do not incur a
Reserve instead of discharging you.
In order for
new military obligation with each new enlistment.
you not to have a break in service,
you would have had to enlist
in the Marine Corps Reserve or another branch of service at the
time of your discharge.
military record, you must show to the satisfaction of the Board
that the record is in error or that you were unjustly treated by
the Marine Corps.
would satisfy that requirement.
has been denied.
will be furnished upon request.
You have failed to submit any evidence that
Accordingly, your application
Further, both dates expired prior to your
Since your military obligation
In order to justify correction of a
The names and votes of the members of the panel
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
You are entitled to have
2
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
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