DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3489-03
10 June 2003
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 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 29 May 2003.
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 you enlisted in the Marine Corps Reserve for
eight years on 9 October 1998.
In this regard, your enlistment
contract reguired you to participate in 48 drills and perform 14
days of active duty for training (ACDUTRA) each year.
reported for initial ACDUTRA on 11 January 1999.
you were released from active duty and assigned to a Marine Corps
Reserve unit.
On 31 July 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.
After review by the discharge
authority, the recommendation for separation was approved and on
22 December 2000 you were discharged with an other than honorable
At that time, you were assigned a reenlistment code
discharge.
of RE-4.
When informed of the recommendation, you
You
On 26 June 1999
.
In fact, you were not recommended
Concerning your request to change the RE-4 reenlistment code, as
a drilling reservist you should not have a reenlistment code.
However, a letter in the record states that such a code was
An RE-4 reenlistment code means that you are not
assigned.
recommended for reenlistment.
for reenlistment.
Such a recommendation was appropriate for a
reservist separated by reason of unsatisfactory participation.
Accordingly, your application has been denied.
The names and
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
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
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