DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
WMP
Docket No. 3409-02
16 October 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
(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
The Board, consisting of Messrs. Lippolis, Nicholson, and
1.
former enlisted member of the Marine Corps, applied to this Board
requesting a change in his reenlistment code.
2.
Dunne, reviewed Petitioner's allegations of error and injustice
on 9 October 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
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 .
Petitioner reenlisted in the Marine Corps on 14 June
1988, in the rank of sergeant (SGT;
On 23 August 1989, Petitioner completed
of prior active service.
a course of instruction for conversion from aviation crashcrewman
(MOS 7051) to ammunition technician (MOS 2311).
E-5) after over seven years
d.
Petitioner served without disciplinary incident until 8
August 1990, when he received nonjudicial punishment (NJP) for
being disrespectful to a warrant officer.
The punishment
imposed was a forfeiture of $150,
period of six months.
incident until 30 September 1992, when he was honorably
discharged at the completion of his required active service and
At this time, he was still
assigned an RE-4 reenlistment code.
serving in the rank of SGT.
Petitioner then served without further
which was suspended for a
e.
During his almost two years of service as a SGT prior to
his discharge, Petitioner received two fitness reports that rated
Specifically, his fitness
him as above average to excellent.
report for the period of 15 November 1990 to 28 February 1991
NC0 that continues to improve
stated, "Aggressive, effective
This
daily in SSGT billet.
fitness report further stated that he had
MOS."
f.
An individual serving as a SGT is limited to 13 years of
Recently assigned to 2311
"Unlimited potential in
MOS."
active service.
g-
A reenlistment code of RE-4 means an individual is not
A code of RE-3C is assigned when
recommended for reenlistment.
an individual is deemed ineligible for reenlistment but the
ineligibility may be waived by the Commandant of the Marine
Corps.
h.
A letter to Petitioner of 22 January 2002 from a
representative of the Headquarters Marine Corps (HQMC) states
that the RE-4 reenlistment code was properly assigned.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
The Board noted that although he did receive
corrective action.
one NJP, this was his only instance of misconduct in over 11
years of service, and that it was relatively minor in nature as
evidenced by the fact that all of his punishment was suspended.
Further, the Board noted that Petitioner's performance before and
after this NJP was categorized as above average to excellent.
Additionally, the Board also noted that he was newly assigned to
this MOS prior to his NJP and this fact, coupled with the NJP,
would have made him non-competitive for advancement in his MOS.
The Board felt that although he had almost reached the high year
tenure (HYT) for his paygrade,
reenlistment code was unduly harsh based on the fact that he has
the potential to provide future useful service and desires to
Accordingly,
continue his service in the Marine Corps Reserve.
despite the contents of the HQMC letter of 22 January 2002, the
Board believes that his reenlistment code should be changed to
the less restrictive RE-3C reenlistment code.
the assignment of an RE-4
2
RECOMMENDATION:
a.
That the record be further corrected to show that on 30
September 1992, Petitioner was issued an RE-3C reenlistment code,
vice the RE-4 reenlistment code actually issued on that date.
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
reference being made a part of Petitioner's naval record.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
ALAN E. GOLDSMITH
Acting Recorder
=W. DEAN PFEIFFER
Executive Director
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