D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1714-99
7 October 1999
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachrnents
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a an
enlisted member of the United States Marine Corps Reserve filed
enclosure (1) with this Board requesting that the RE-30
reenlistment code assigned to him on release from active duty be
changed to RE-1A.
2. The Board, consisting of Mr. Pfeiffer, Mr. Milner and Ms.
McCormick, reviewed Petitioner's allegations of error and
injustice on 5 October 1999 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner reenlisted in the Marine Corps on 22 November
1994 for three years. At that time he had completed about 40
months of active service on a prior enlistment. According to
Petitioner, he received orders to a new duty station in September
1997. However, he elected to be discharged and was issued an
honorable discharge at the expiration of his enlistment on 21
November 1997. The DD Form 214 prepared at that time indicates
that he was assigned an RE-1A reenlistment code. Subsequently, a
DD Form 215 was issued changing the reenlistment code to RE-30.
Since discharge, Petitioner has affiliated with a reserve unit
and has continued to serve in an excellent manner.
d. Regulations allow for the assignment of an RE-30
reenlistment code if a career Marine declines to accept orders
and is discharged at the expiration of enlistment. This prevents
Marines from being discharged and enlisting a few days later for
different orders.
e. Petitioner states that he told his superiors that he
would not reenlist because his parents had been injured in an
automobile accident and needed help with the farm work, and he
was surprised when he received orders. He states that the
command told him not to be concerned, but did nothing to inform
Headquarters Marine Corps of his situation. He also notes that
he was issued the transfer orders early because the command had
an excess number of sergeants.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes Petitioner's excellent record and his
explanation of the circumstances which led to the assignment of
the RE-30 reenlistment code. Therefore, the Board concludes
that, in retrospect, although the assignment of this restrictive
reenlistment code may have been technically proper, given the
circumstances of Petitioner's case, it was not warranted, and
should now be changed to RE-1A.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
21 November 1997 he was assigned an RE-1A reenlistment code vice
the RE-30 reenlistment code now of record.
b. That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with this Report
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
c o m p l e t e r e c o r d o f t h e B o a r d ' s p r o c e e d i n g s i n t h e above e n t i t l e d
matter.
-- - ,
I)
ROBERT D . ZSALMAN
Recorder
A c t i n g Recorder
5. P u r s u a n t t o t h e d e l e g a t i o n o f a u t h o r i t y set o u t i n S e c t i o n
6 ( e ) o f t h e revised P r o c e d u r e s o f t h e Board f o r C o r r e c t i o n of
Records (32 C o d e o f F e d e r a l R e g u l a t i o n s , S e c t i o n 723.6 ( e l )
Na-1
and h a v i n g a s s u r e d compliance w i t h i t s p r o v i s i o n s , i t i s h e r e b y
announced t h a t t h e f o r e g o i n g c o r r e c t i v e a c t i o n , t a k e n under t h e
a u t h o r i t y o f r e f e r e n c e ( a ) , h a s been approved by t h e Board on
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