DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5165-08
25 June 2008
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 25 June 2008. Your allegations of error and
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. In addition, the Board considered the enclosed
comment from Headquarters Marine Corps (HOMC), dated 16 May 2008.
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. In this connection the Board substantially
concurred with the opinion expressed in the HQMC comment.
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
have not exhausted your administrative remedies 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,
WwW. OER BY Ir
Executive Dirac
\
Fnclosures
5730
MMER/RE
16 May 08
M&RA DEPARTMENT COMMENT. on OLAC route sheet of 13 May 2008
Subj: CONGRINT; CASE OF MR.@
SUBJ: RECODE
‘1. The following is provided for inclusion in your reply:
On August 30, 2000 —éjgquytpeee was discharged Under Other Than
Honorable Conditions by reason of unsatisfactory participation in the
ready reserve. At the time of separation, MEME was assigned a
reenlistment. gode of RE-4, which indicates he was net recommended for
reenlistment. Furthermore, he was assigned a Separation Code of HSG1
for failure to participate (Reserve not on active duty (board waved) .
It is also noted that on October 28, 1997 he signed an Acknowledgement
of Statement of Understanding (SOU) upon enlistment in the Marine
Corps Reserve. The SOU specifically addressed administrative action
that will be taken should he fail to attend scheduled drills and
training periods. After review of all relevant information, we concur
with the professional evaluation of ——gMes qualifications for
reenlistment at the time of separation. Since his reenlistment code
is correctly assigned, no change is warranted. Once a code is
correctly assigned it is not routinely changed or upgraded as a result
of events that occur after separation or based merely on the passage
Military Record (DD Form 149) to the Chairman, Board for Correction of
Naval Records, Department of the Navy, Washington, DC 20370-5100. To
demonstrate to BCNR that he has exhausted all available administrative
remedies, it is necessary that a copy of this Headquarters’ response
to Senato Hbe attached to this application.
2. Point of contract is Ms. Johnson at (703) 784-9205/04.
Frances S. Poleto
By direction
Encl:
(1) DD Form 149
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