DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-510

0

CRS
Docket No: 7717-00
20 July 2001

From:
To:
Subj:

Ref:
Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

ORD OF

(a) 10 U.S.C.  1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect,
that his naval record be
corrected by changing the characterization of his separation from
under honorable conditions to fully honorable.
He also requests
a more favorable reenlistment code than RE-4 and removal of any
page 11 entries referencing a summary court-martial.
2. The Board, consisting of Messrs. Pfeiffer, Ensley and Taylor,
reviewed Petitioner's allegations of error and injustice on 27
June 2001 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
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:

Documentary material considered by

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 enclosure (1) was not filed in
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
C . Petitioner enlisted in the Marine Corps on 16 July 1985 at
At the time of enlistment he had completed 12 years of

age 17.
formal education.

d. The record reflects that on 17 March 1988 Petitioner
received nonjudicial punishment for theft of a noon meal.

e. The record reflects that Petitioner was an unauthorized

absentee from 2 June to 21 September 1988, a period of about 81
A summary court-martial convened on 21 September 1988 and
days.
apparently convicted him of this period of unauthorized absence.
The summary court-martial itself is not contained in the record.
However, the record still contains two page 11 entries dated 24
August and 21 September 1988, which advise Petitioner of his
rights in connection with the summary court-martial.
received a second nonjudicial punishment on 23 June 1989 for
failure to obey a lawful order.

Petitioner

f. On 4 October 1989 Petitioner was separated under honorable
conditions at the expiration of his enlistment and transferred to
the Marine Corps Reserve.
reenlistment code of RE-4.
the record reflects that this code was assigned 
court-martial."
honorable discharge from the Marine Corps Reserve.

At that time he was assigned a
An undated service record entry in

On 27 October 1992 Petitioner received an

tVbecause of

g- On 22 October 1997, the Judge Advocate General set aside

the findings and sentence of the 21 September 1988 summary 
martial.
officer,
therefore, was not authorized to conduct the court-martial.

This action was taken because the summary court
a warrant officer, was not a commissioned officer and,

court-

h. Character of service is based, in part, on one's conduct

and proficiency averages,
both of which are computed from marks
assigned during periodic evaluations.
Petitioner's conduct and
proficiency averages were 3.9 and 4.2, respectively.
marks required for a fully honorable characterization of service,
at the time of Petitioner's separation were 4.0 in conduct and
3.0 in proficiency.
The record reflects that no adverse marks
were assigned in connection with the summary court-martial
conviction.

The minimum

i. Applicable directives authorize the assignment of an RE-4
reenlistment code to an individual who completes his enlistment
but is not recommended for reenlistment due to disciplinary
actions or poor performance.

CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
In this regard, since the Marine Corps initially failed
relief.
to cleanse Petitioner's record of all references to the summary
court-martial, the Board notes that the two page 11 entries of 24
August and 21 September 1988.
Additionally, the last undated
page 11 entry should be modified to remove the reference to the
court-martial.

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court-

However, the Board concludes that the under honorable conditions
separation should not be changed given the two 
NJP's, the lengthy
period of unauthorized absence, and the fact that Petitioner's
conduct average was insufficiently high to warrant a fully
In this regard, the Board notes that since
honorable discharge.
no adverse marks were assigned in connection with the 
martial, his conduct average was not affected by the disciplinary
action.
Even though Petitioner did receive an honorable
discharge from the Marine Corps Reserve, the Board does not know
why this more favorable characterization of service was assigned,
and it appears to be erroneous.
Although Petitioner has requested that his reenlistment code be
changed, the Board notes that the RE-4 reenlistment code is
authorized by regulatory guidance for individuals separated upon
The Board believes the code is
the expiration of enlistment.
still appropriate and would have been assigned even without the
court-martial given the disciplinary actions of record, the
unauthorized absence, and the characterization of service as
under honorable conditions instead of fully honorable.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:

. That Petitioner's naval record be corrected by removing the
and modifying

re;oving the

pag: 11 entries of 24 August and 21 September 1988
the last undated page 11 entry in the record by 
words 

llbecause of court-martial.@@

b. That no further relief be granted.
C . 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.

d. That any material directed to be removed from Petitioner's
for retention in a confidential file
with no cross reference being made a

naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's

together with a copy of

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review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.

.

ROBERT D. ZSALMAN
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.

Acting Recorder

W>TA
WW. DEAN PFEIFFER

Executive Director

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