DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 1915-00
14 August 2000
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps,
applied to this Board requesting, in effect, that his
reenlistment code be changed.
The Board, consisting of Messrs. Silberman and Vaughan and
2.
Ms. Hardbower reviewed Petitioner's allegations of error and
injustice on 9 August 2000 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
1986 for four years at age 18.
Petitioner enlisted in the Marine Corps on 29 December
The record reflects that he was
However, during the four month period from August to
advanced to LCPL (E-3) and served without incident for nearly 32
months.
November 1989 he received two nonjudicial punishments (NJP) for
two periods of unauthorized absence totalling about 32 days and
breaking restriction,
reduced in rank to PFC (E-2).
As a result of the second NJP he was
d.
Petitioner was again advanced to LCPL on 7 January 1990
and served without further incident until 2 May 1991 when he was
honorably released from active duty and transferred to the
Marine Corps Reserve and assigned an RE-4 reenlistment code.
The basis for assignment of an RE-4 reenlistment is not set
forth in the record.
time of discharge were 4.2 and 4.3, respectively.
His conduct and proficiency averages at
e .
Regulations state that when an RE-4 reenlistment code
is assigned a service record book entry is required stating the
reason for assignment and the individual must sign the entry.
e .
Petitioner provides a letter from a first lieutenant
Saudia Arabia and that his reenlistment code was changed from
A letter from a former squad leader states the
who states Petitioner was under his command during a deployment
to
an RE-4 to RE-1.
error was brought to the attention of the chain of command but
never got corrected due to a massive number of separations at
the time.
CONCLUSION:
NJPs, he went on to serve for 18 months without
In this regard, the Board notes that after Petitioner
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
received two
incident and was advanced again to LCPL.
the record is silent as to basis for the assignment of an RE-4
reenlistment code and there is no evidence that Petitioner
signed an record entry that he was being assigned an RE-4
Additionally, given the letter from the
reenlistment code.
lieutenant, it appears this reenlistment code may have been
erroneously assigned.
assignment of an RE-4 reenlistment code was unduly harsh given
his otherwise good record and concludes that it would be
appropriate and just to change the reenlistment code from RE-4
to RE-1.
In any case, the Board believes
The Board also notes
2
RECOMMENDATION:
a.
That Petitioner's naval record
the RE-4 reenlistment code, assigned on
be corrected by changing
2 May 1991, to RE-1.
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
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioner's naval record.
.y’
&QT
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMIT
Acting Recorder
It is certified that a quorum was present at the Board's
4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
-rbr_
w.DEAN
Executive Director
SEIFFER
3
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