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NAVY | BCNR | CY2005 | 00674-05
Original file (00674-05.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
 BOARD FOE CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5100
                                              2 NAVY ANNEX
JRE
Docket No. 00674-05
1 May 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:    FORMER PFC, USMC, REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S C. 1552
End:     (1) DD Form 149
 (2) Subjects naval record
(3) HQMC memo 1040 NIt4ER/RE, 25 Jan 05
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show that he was honorably discharged by reason of physical disability and assigned a reentry code of RE-3, vice under honorable conditions by reason of a condition, not a disability, interfering with his performance of duty, with a general discharge and a reentry code of RE-4.
2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 23 March 2006, and pursuant to its regulations, determined that the partial 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 which were available under existing law and regulations within the Department of the Navy.

b.       Enclosure (1) was filed in a timely manner.
                 
c.      Petitioner enlisted in the Marine Corps on 23 October 2000. On 17 June 2001, he was advised by his commanding officer that he had been diagnosed as a medical treatment failure due to his low back pain, which hampered his ability to train and was incompatible with military service. He also advised Petitioner of his intention to recommend that Petitioner be discharged for the convenience of the government, with a general discharge, due to a condition, not a disability. Petitioner was discharged under honorable conditions on 14 August 2001, and assigned a reentry code of RE-4, in accordance with the approved recommendation of his commanding officer. His proficiency and conduct mark averages were 4.2 and 4.2, respectively.
                  d.       In correspondence attached as enclosure (3), the Head, Performance Evaluation Review Branch, Personnel Management Division, Headquarters, U.S. Marine Corps, advised the Board, in effect, that Petitioner was properly assigned a reentry code of RE-4, which represents his commanding officer’s assessment of his qualifications for reenlistment at the time of separation. The author of enclosure (3) stated that if a code has been assigned correctly, it will not be changed or upgraded routinely as a result of events that occur after separation, or based merely on the passage of time.
                  e.       Petitioner contends, in effect, that he injured his back while on active duty, and should have been discharged by reason of physical disability. He states that he served honorably, without any disciplinary action of any kind and that the Department of Veterans Affairs awarded him an unspecified disability rating.
CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner has failed to submit sufficient relevant evidence to demonstrate that he should have been discharged by reason of physical disability, vice a condition, not a disability interfering with his performance of duty. In this regard, it notes that although he suffered from chronic back pain which interfered with his ability to complete entry level infantry training, the underlying condition was not severe enough to have warranted his referral to the disability evaluation system. The Board also concludes Petitioner has failed to demonstrate that his service was improperly characterized as under honorable conditions, rather than honorable, or that he was improperly assigned a reentry code of



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RE-4. Notwithstanding the foregoing, however, the Board concludes that it would be in the interest of justice to correct his record to show that he was honorably discharged and assigned a reentry code of RE-3P. It notes that Petitioner was not the subject of any disciplinary action during his enlistment, or officially counseled except for deficiencies related to his back condition, and that his proficiency and conduct marks were above the minimum required to qualify for an honorable characterization of service. In addition, the Board believes that a reentry code of RE-4 unfairly stigmatizes him, and that a code of RE-3P, to indicate that he requires a waiver of physical disqualification in order to become eligible for reenlistment, should be assigned.

In view of the foregoing, the Board recommends the following corrective action.

RECOM MENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 14 August 2001, he was honorably discharged from the Marine Corps by reason of a condition, not a disability, interfering with his performance of duty, and assigned a reentry code of RE-3P.
b.       That so much of his request for correction of his naval record as exceeds the foregoing be denied.

c.       That a copy of this Report of Proceedings be file 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.



ROBERT D. ZSALMAN                                   JAMES R. EXNICIOS
Recorder                                                      Acting Recorder
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5. The foregoing report of the Board is submitted for your review and action.



                                             W. DEAN PFEIFFER
                                             Executive Director






Reviewed and Approved:________
Robert T. Call
Assistant General Counsel
Manpower and Reserve Affairs)



























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