DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5501-14
3 June 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 May 2015. The names and votes of the members
of the panel will be furnished upon request. 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.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy Reserve and began a period of active
duty for training on 4 June 1996. On 7 December 1996, you were
honorably released after completion of your active duty. Based
on the information currently contained in your record, on
7 November 1999, your commanding officer forwarded his
recommendation that you receive an other than honorable (OTH)
discharge by reason of unsatisfactory participation in the Ready
Reserve. It was stated, in part, that you had been counseled via
mail and phone calls concerning your missed drills, and that you
had not made any effort to resolve your missed drills.
Additionally, after you submitted a congressional inquiry
regarding your absences, the reply requested that you contact
your command, in which no response was received. However, the
record clearly shows that on 7 February 2000, it was directed
that you receive an OTH discharge. You were so discharge that
same day. At that time you were administratively reduced to
paygrade E-3 per Marine Corps directives, and assigned an RE-4
reentry code. Regulations require the assignment of an RE-4
reentry code to individuals who are separated due to
unsatisfactory performance in the Ready Reserve.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to change you characterization of
service, the reason for your discharge, reentry code, and to be
reinstated to paygrade E-4. Nevertheless, the Board concluded
these factors were not sufficient to warrant changing your
characterization of service, the reason for your discharge,
reentry code, or to be reinstated to paygrade E-4 given your
failuré to drill with your reserve unit. Finally, Board
regulations state that personal appearances before the Board are
not granted as a right, but only when the Board determines that
such an appearance will serve some useful purpose. In your case,
the Board determined that a personal appearance was not necessary
and considered your case based on the evidence of record.
Accordingly, your application has been denied.
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 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 your case. 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.
Si. ely,
ROBERT J. O'NEILL
Executive Director
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