. rT a A en ee Be
Son, . DErAnimon!) UC imc WAY 3
Y Sn eae BOARD FOR CORRECTION OF NAVAL RECORDS
: a fot S, COURT MUUSE KUAD, SUITE 1004
: ARLINGTON, VA 22204-2490
JET
Docket No. NR8441-13
28 Jan 15
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive. session, considered your
application on 28 January 2015. 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
advisory opinions furnished by HOMC memo 5000 G-7 of 2 Apr 14
and HOMC memo 1000 RAP of 24 Sep 14 and HOMC memo 1001 RAP of
26 Jan 15, copies of which are attached.
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 making this determination, the Board
concurred with the comments contained in the advisory opinion.
In particular, the Board found that you knowingly and
voluntarily signed the “Written Agreement for the Selected
Marine Corps Reserve Enlisted Affiliation Bonus (SMCR EAB) on 16
March 2009, acknowledging that, “a. I will serve satisfactorily,
as prescribed by the appropriate regulations of the United
States Marine Corps, for a period of 36 months...unless excused
for the convenience of the government. PJH [you initialed]
Initial”. The Board found that you further acknowledged “c. I
further understand that if any of the following occur it will be
considered a breach of my obligation and my incentive will be
recouped at a prorated amount; (4) I transfer to the IRR. PJH
Docket No. NR&441-13
[you initialed] Initial”. On 8 September 2011, you voluntarily
transferred to the Individual Ready Reserve (IRR), seven months
short of completing the 36 months of the agreement you knowingly
and voluntarily signed on 16 March 2009 in the SMCR EAB.
Furthermore, the Board concurred with the advisory opinion that
you “may request to reenlist in the Marine Corps Reserve through: —
-a Prior Service Recruiter provided you meet all the requirements .
for an “off-contract” accession”. However, if you are approved.
to reenlist, your service upon reaffiliation will not be used to
satisfy your previous obligated service requirements to nullify .
recoupment of your debt. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board members also considered your request for a personal
appearance; however, they found that the issues in the case were
adequately documented and that a personal appearance would not
materially add to the Board's understanding of the issues ,
involved. Thus, your request for a personal appearance has heen.
denied. eye eo : :
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
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. In this regard, ae
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,
ROBERT J. O’ NEILL
Executive Director
Enclosures: 1. HOMC memo 5000 G-7 of 2 Apr 14
2. HOMC memo 1000 RAP of 24 Sep 14
3. HOMC memo 1001 RAP of 26 Jan 15
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