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NAVY | BCNR | CY1999 | 01714-99
Original file (01714-99.pdf) Auto-classification: Approved
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 
b e h a l f   o f   t h e   S e c r e t a r y   o f   t h e   Navy. 



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