Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 00026-01
Original file (00026-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TRG

Docket No: 26-01
15 June 2001

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF @iiGRRGRIIIASSENAindanEi

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(2) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his record be corrected to
show a better reenlistment code than the RE-2 reenlistment code
assigned on 20 September 1999.

2. The Board, consisting of Mr. Ensley, Mr. Pfeiffer and Mr.
Cooper, reviewed Petitioner's allegations of error and injustice
on 5 June 2001 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, a college graduate, enlisted in the Navy on
23 June 1998 at age 28. In the performance evaluation for the
period 23 June 1998 to 15 July 1999, Petitioner's individual
trait average was 3.67 with recommendation of "must promote" and
for retention. Qn 20 September 1999, he was honorably
discharged. The narrative reason for discharge is “accept
commission or warrant in another branch of service" with a
separation program designator (SPD) code of "KGN". The only
authorized reenlistment code for this reason for discharge is RE-
2.

d. Petitioner entered Marine Corps Officer Candidate School
on 3 October 1999. He was disenrolled due to unsatisfactory
performance on 3 November 1999.

e. On 21 December 2000, the Navy Recruiting Command denied
Petitioner's request for a waiver of the RE-2 reenlistment code
and advised him to apply to this Board if he believed the code

was assigned in error.

f. The Board notes that Petitioner was not discharged to
accept a commission but was discharged to enter an officer
training program, which is a separate reason for discharge.
However, both reasons require the assignment of an RE-2
reenlistment code. The Board is aware that regulations also
allow for the discharge of an individual with a narrative reason
for discharge of "intradepartmental transfer", with an SPD code
of KGQ, when an individual transfers from one service component
to another in the same DOD component, i.e. USN to USNR or USMC to
USMCR. The regulations also allow the release or transfer of an
individual with a narrative reason of separation of
“interdepartmental transfer", with an SPD code of MGP, when an
individual transfers from one DOD component to another, i.e. USN
to USA or, in this case, USN to USMC. An RE-1 reenlistment code
is authorized with either of these reasons for separation.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes his excellent record in the short period
of service and his desire to serve in the Navy, which is being
prevented by the RE-2 reenlistment code. The Board believes that
the regulations, which allow no consideration for a waiver in
cases such as this, are too restrictive. Therefore, the Board
concludes that no useful purpose is now served by the RE-2
reenlistment code and it should be changed to RE-1.

Rather than change the reenlistment code as an exception to
policy, the Board believes that the best way to correct the
record is to change the narrative reason and SPD code to one that
allows the assignment of an RE-1 reenlistment code. Since the
Navy and Marine Corps are a part of the Department of the Navy,
the Board concludes that a narrative reason of intradepartmental
transfer, SPD code KGQ, is closer to the facts of this case than
the narrative reason of interdepartmental transfer.

The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the reason
for discharge, SPD code, and reenlistment code.
RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 20 September 1999 he was honorably discharge by reason of
intradepartmental transfer, SPD code KGQ, with an RE-1
reenlistment code vice the narrative reason, SPD code, and
reenlistment code now of record.

b. That this Report of Proceedings be filed in 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
complete record of the Board's proceedings in the above entitled

 

matter. :

» <7
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder Acting Recorder

5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the

authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.

W. DEAN PFEI
Executive Dir

Similar Decisions

  • NAVY | BCNR | CY2002 | 01419-01

    Original file (01419-01.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Case (3) Subject's naval record Summary Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy filed enclosure (1) with this Board requesting-that her record be corrected to show a better reenlistment code than the RE-2 reenlistment code assigned on 5 January 2001. Therefore, the Board concludes that the Rather than change the reenlistment code as an exception to policy, the Board believes that the best way to...

  • NAVY | BCNR | CY2001 | 04085-01

    Original file (04085-01.pdf) Auto-classification: Approved

    former enlisted member of the United States Navy filed enclosure (1) with this Board requesting that his record be corrected to show a better reenlistment code than the RE-2 reenlistment code assigned on 26 October 2000. Since an The Board further concludes that this Report of should be filed in Petitioner's naval record so that all future reviewers will understand the reason for the change in the reason for discharge, SPD code, and reenlistment code. .Proceedings RECOMMENDATION: That...

  • NAVY | BCNR | CY2002 | 03148-02

    Original file (03148-02.pdf) Auto-classification: Approved

    1552 (1) DD Form 149 w/attachments (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected by changing the narrative reason for separation and Separation Program Designator (SPD) assigned at the time of his discharge from enlisted status. Since it was clearly improper to require recoupment of the SRB, the Board...

  • NAVY | BCNR | CY2007 | 10057-07

    Original file (10057-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (@), Petitioner, «4 commissioned officer in the Marine Corps Reserve tiied an application with this Board requesting that his record be corrected to show that he was discharged from the Regular Marine Corps on 1 July 2007 without accepting a reserve commission. The Board, consisting of Mr. eee Mr. and is on 15 reviewed Petitioner's allegations of error an injustice January 2008 and, pursuant to its regulations, determined that the corrective action...

  • AF | BCMR | CY2014 | BC 2014 02883

    Original file (BC 2014 02883.txt) Auto-classification: Denied

    AFI 36-3207, Separating Commissioned Officers, states the Air Force normally requires recoupment of a portion of education assistance, special pay, or bonus money received when officers separate before completing the period of active duty they agreed to serve. Further, the Office of the Under Secretary of Defense (OUSD) Memorandum, dated 29 Nov 10, directs members with an SPD Code of FGQ (Intradepartmental Transfer) are required to repay the unearned portion of the bonus. THE BOARD...

  • NAVY | BCNR | CY2002 | 09957-02

    Original file (09957-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE N A V Y BOARD FOR CORRECTION O F NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 2 0 3 7 0 - 5 1 0 0 TRG From: Chairman, Board for Correction of Naval Records To : Docket No: 9957-02 6 August 2003 Subj: REVIEW OF NAVAL RECORD OF - Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member in the Navy, filed an application with this Board requesting that his record be corrected, in effect, to show that his separation program...

  • NAVY | BCNR | CY2001 | 04732-01

    Original file (04732-01.pdf) Auto-classification: Approved

    b. Petitioner's application to the Board was filed in a timely manner. Petitioner's naval record. This code will allow reenlistment if he is otherwise and the support he has received He concludes that the best In this regard, he The minority also concludes that this Report of Proceedings should be filed in Petitioner's naval record so that all future reviewers will understand the reason for the change in the reason for discharge and reenlistment code.

  • USMC | DRB | 2010_Marine | MD1000245

    Original file (MD1000245.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. As such, Applicant seeks correction to his narrative reason for separation and the corresponding characterization of service and re-enlistment code from the Marine Corps.The NDRB reviewed the Applicant’s issues and the discharge process. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided...

  • NAVY | BCNR | CY2001 | 08305-01

    Original file (08305-01.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY FOR CORRECTION OF NAVAL RECORD BOARD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JLP:ddj Docket No: 8305-01 19 November 2001 : Chairman, Board for Correction of Naval Records Secretary of the Navy (a) Title 10 U.S.C. The Board, consisting of Messrs. Beckett, itl.justice on 14 November 2001 and, pursuant to its Petitioner’s allegations of error and regulations, determined that the corrective action indicated below should be taken on the available evidence of record. ...

  • NAVY | BCNR | CY2014 | NR9677 14

    Original file (NR9677 14.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former commissioned officer of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his honorable discharge date of 31 January 2011, be changed to reflect 1 February 2011 and that his separation code “FBR” (expiration of term of service) be changed to “FGP” (interdepartmental transfer). The Board, consisting of Mr. Grover, Mr. Ivins, and Mr. Exnicios, reviewed Petitioner's allegations of error...