Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01844-07
Original file (01844-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100

                                                                                          CRS
 Docket No: 1844-07
20 June 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
-~

 Subj:    CPL REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (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 24 May 2006. Additionally, he requests that his time in grade be changed upon future reenlistment.
2. The Board, consisting of Ms.  Mr.and Mr. reviewed Petitioners allegations of error and injustice on: 6 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 Petitioners 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.       Petitioner enlisted in the Marine Corps on 30 January
 2001.
c.       On 11 October 2002 he received nonjudicial punishment for dereliction of duty, failure to obey a lawful order, and having a civilian female in his patrol vehicle while on duty. On 27 October 2002 Petitioner was convicted by summary court-martial of failing to pay a debt.


d.       Petitioner was honorably released from active duty on 29 January 2005 and transferred to the Marine Corps Reserve. He was assigned a reentry code of RE-3C.

                  e. On 12 June 2005 Petitioner voluntarily agreed to accept recall orders to active duty and serve as a military policeman in Iraq. He was honorably released from active duty on 24 May 2006. He was assigned a reentry code of RE—4.
f.       Petitioner argues that during his period of duty in Iraq he served in an exemplary manner. He cites a meritorious mast, letter of appreciation, and promotion to corporal (CPL; E-4)
g.       In an advisory opinion, dated 14 February 2007, Headquarters Marine Corps cites the two disciplinary actions Petitioner received while on his initial period of active duty and therefore recommends that the RE-4 reentry code not be changed. In his rebuttal, Petitioner states that after his tour of duty in Iraq he now realizes how much he misses serving in the Marine Corps and requests that his reentry code be changed. He also requests that his time in rate be changed upon reenlistment.
h.       An RE-4 reentry code may be assigned if an individual’s record of service does not warrant his reentry. An RE-lA reentry code is for individuals who are qualified and recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioners request warrants favorable action. The Board disagrees with the advisory opinion that the reentry code should not be changed. In this regard, the Board believes that as a minimum, Petitioner should have received the same reentry code he was assigned on 29 January 2005, and not be penalized for volunteering to serve in Iraq. The Board concludes that because Petitioner served in a combat environment it would be in the interest of justice to correct his record to show the assignment of an RE-lA reentry code but it is premature to consider his request for adjustment of his time in grade.
RECOMNENDATION

a. That Petitioner’s naval record be corrected to show that on 24 May 2006, Petitioner was assigned an RE-lA reentry code vice the RE—4 reentry code actually assigned on that date.
b. That no further relief be granted.

2
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
 Recorder         Acting R ecorder
5. The foregoing report of the hard is submitted for your review and action.



                                             W. DEAN PFEIFFER
                                                                Executive Director


Reviewed and approved:
ROBERT T. CALL


Similar Decisions

  • NAVY | BCNR | CY2006 | 05410-06

    Original file (05410-06.pdf) Auto-classification: Approved

    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. 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. That Petitioner's naval record be corrected to show that on 29 April 2002, he was assigned an RE-3C reentry code.

  • NAVY | BCNR | CY2008 | 05597-08

    Original file (05597-08.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 5597-08 7 August 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD Oni ie... Ref: (a) 10 U.S.C. 1552 ' (b) MARCORSEPMAN MCO P1900.16F USMC, Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the...

  • NAVY | BCNR | CY2006 | 06743-06

    Original file (06743-06.rtf) Auto-classification: Approved

    The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the change in Petitioner’ s record. That Petitioner’s naval record be corrected to show that on 22 March 2006 he reenlisted in the Marine Corps in the grade of SGT with a date of rank of that date. That this Report of Proceedings be filed in Petitioner’s naval record.

  • NAVY | BCNR | CY2008 | 11631-08

    Original file (11631-08.pdf) Auto-classification: Approved

    Regulations state that Marines serving on active duty in pay grade E-4 and below will receive SA proficiency and conduct marks on 31 January and 31 July, and Marines who have received proficiency and conduct marks within the prior 90 days will receive SA proficiency and conduct marks of "not available" (NA). The Board also considers his two deployments to Iraq, awards, and present status in the Marine Corps Reserve. c. That Petitioner's naval record be further corrected by removing any...

  • NAVY | BCNR | CY2002 | 09239-02

    Original file (09239-02.doc) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps applied to this Board requesting that his naval record be corrected by removing a nonjudicial punishment (NJP) and changing his reenlistment code. In that (Petitioner) . Turning to the NJP, the Board agrees with the conclusion of JAM that it should be removed from Petitioner’s records since the record does not reflect that his enlistment was extended “with a view to trial.” In this regard,...

  • NAVY | BCNR | CY2013 | NR8367 13

    Original file (NR8367 13.pdf) Auto-classification: Approved

    8367-13 28 January 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Petitioner was released from active duty on 9 December 2005 by reason of completion of required active service, and assigned a reentry code of RE-1A, which indicates he was recommended and considered eligible for reenlistment at that time. That a copy of this Report of Proceedings be filed in Petitioner's naval record.

  • NAVY | BCNR | CY2008 | 01191-08

    Original file (01191-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps Reserve, filed an application with this Board requesting that his retirement point record be corrected to show a complete anniversary year vice the partial anniversary year now of record. He then had to request broken service reenlistment and was not able to reenlist until 3 January 2006. d. Petitioner's discharge on 2 July 2005 was prior to the completion of his anniversary year on 13 September 2005. ...

  • NAVY | BCNR | CY2006 | 05214-06

    Original file (05214-06.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the United States Marine Corps, applied to this Board requesting an RE-3 reenlistment code vice the RE-4 reenlistment code actually assigned on 29 April 2005.2. The Board, consisting of Mr. , Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 27 September 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...

  • NAVY | BCNR | CY2006 | 08335-06

    Original file (08335-06.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 08335-06 4 April 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OP NAVAL RECORD OF EX Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting recharacterization of his release from active duty. He believes that his...

  • NAVY | BCNR | CY2009 | 01533-09

    Original file (01533-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 1533-09 23 April 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: REVIEW OF NAVAL RECORD OF ii Ref: (a) 10 U.S.C. 1552 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps and current member of the Marine Corps Reserve, applied to this...