DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No: 10717-02
5 June 2003
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 June 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, and applicable statutes, regulations and
policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 you reenlisted in the Marine Corps on 16
January 1998 for four years after over four years of prior
Your record further
active service as a corporal (CPL; E-4).
reflects that on 1 December 1998 you were advanced to sergeant
(SGT; E-5).
However, you failed to obtain the necessary
You were issued permanent change of station (PCS) orders on 20
July 2001.
obligated service to execute these orders and, on 16 August
2001, Headquarters Marine Corps (CMC) directed that you be
advised that an RE-30 reenlistment code would be assigned upon
separation due to your failure to incur the necessary obligated
service to execute those PCS orders.
service record book
the SRB entry stated that:
(SRB) entry to that effect.
Accordingly, you signed a
Specifically,
.
Reason:
I will not
. I have been assigned the reenlistment eligibility code
reenl/extenl to comply with
.
RE-30.
I have been advised that Marines assigned
PCS orders.
this code are not eligible for promotion, reenlistment,
commissioning or warrant officer programs, special
education programs, or involuntary separation pay unless
I have been given
specifically authorized by
the opportunity to submit a statement and that statement,
if submitted, will be filed on the document side of my
srb.
I choose to/not to submit a statement.
CMC(MMEA).
Further, the SRB entry did not indicate whether you desired to
make a statement and no statement was filed in your SRB.
On 15 January 2002 you were honorably discharged by reason of
expiration of enlistment and assigned an RE-30 reenlistment
code, as directed by CMC.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your contention that
you did not refuse the orders that resulted in your reenlistment
However, the Board concluded that you were issued orders
code.
and refused to incur the obligated service necessary to execute
As a result of this refusal, as a career Marine,
those orders.
you were appropriately assigned an RE-30 reenlistment code by
CMC.
substantiate your claims that you did not refuse the PCS orders
because they were never delivered.
application has been denied.
of the panel will be furnished upon request.
Furthermore, you have failed to provide evidence to
The names and votes of the members
Accordingly, your
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
it is important to keep in mind that
You are entitled to have
In this regard,
2
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
3
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