DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5410-06
11 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER @agy REVIEW
OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that his naval record be
corrected by changing his reentry code issued on 29 April 2002,
2. The Board, consisting of Ms. wag Mr. Qe and vr aR
reviewed Petitioner's allegations of error and injustice on 27
June 2007 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. Petitiioner enlisted in the Marine Corps on 30 April
1998. He had no disciplinary action during his period of service
and was advanced to corporal (CPL; E-4).
c. Petitioner received counseling entries for driving while
intoxicated and being involved in an accident, an unauthorized
absence, and not being recommended for promotion.
d. -Petitioner was honorably released from active duty on 29
April 2002 and transferred to the Marine Corps Reserve. He was
assigned a reentry code of RE-4.
. e. Petitioner was allowed to join the Marine Corps Reserve
and served in an outstanding manner. However, he was not allowed
to reenlist in the Marine Corps Reserve at the expiration of his
enlistment due to his RE-4 reentry code.
f. Petitioner submits numerous letters of recommendation
from officers and enlisted members of his reserve unit that
praise his devotion to duty.
g. In an advisory opinion dated 10 June 2006, Headquarters
Marine Corps, advised that the reentry code of RE-4 is correct,
and cited the aforementioned counseling entries as the basis for
Petitioner’s reentry code.
h. An RE-4 reentry code may be assigned if an individual’s
record of service does not warrant his reentry. An RE-3C reentry
code is assigned when a restrictive reentry code is warranted but
no other code fits the circumstances.
CONCLUSTON :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board concludes that the assignment of an RE-4
reenlistment code was overly severe because Petitioner had no
disciplinary actions, and was advanced to CPL prior to his
release from active duty in 2002. Furthermore, he did an
outstanding job in the Marine Corps Reserve and should be
permitted to reenlist. Accordingly, the Board believes that
Petitioner’s reentry code should be changed to RE-3C.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that on
29 April 2002, he was assigned an RE-3C reentry code.
b. That no further relief be granted.
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 ES R. ICIOS
Recorder cting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN P
Reviewed and approved:
Qas Se Ca:
V-UO-A
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