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NAVY | BCNR | CY2007 | 05209-07
Original file (05209-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5:00




 JRE
 Docket No. 05209-07
          12 February 2008



From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj     _        _        _

Ref:     (a) 10 U.S.C. 1552
End:     (1) DID Form 149
 (2)      Dir, SECNAVCORB ltr 5220 (i’ORB:002, 25 Jan 00
 (D)      Subject n aval r ec or d

1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show that he was retired by reason of physical disability.
2. The Board, consisting of Messrs. -    _____ _______ reviewed Petitioner’s allegations of error and injustice on 7 February 2008 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.       Enclosure (I) was filed in a timely manner.
c.       In correspondence attached as enclosure (2), the Director, Secretary of the Navy Council of Review Board’s recommends that the Board grant Petitioner’s request.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was not discharged on 22 September 2000.
b.       That Petitioner’s naval record be further corrected to show that on 22 September 2000, he was released from active duty and transferred to the Temporary Disability Retired List pursuant to 10 U.S. Code 1202, with a 30% rating under Department of Veterans Affairs (VA) code 7015-7018; and that on 1 April 2002, he was permanently retired by reason of physical disability pursuant to 10 U.S. Code 1201, with a 30% rating under VA code 7015-7018.
c.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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 rd’s proceedings in the above entitled matte1~.
ROBERT D. ZSALMAN                                            JAMES R. EXNICIOS
 Ac ting Recorder                                                       Recorder
2
 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 7 23.6(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.


         W. DEAN PFEIFFER
 Executive director





































3
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO VIRGINIA 22134-5103

 1I~~~LY REFER TO:

NNER/RE
 MAY 0 7 2007
 MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF FORMER ~uj~flSIJ~ _ 1
         ____     SUBJ: RECODE
End:     (1) NAVMC 118(11) of 17 Jul 03 (2)MCRD 1900/17 of 15 Jul 03
 ( 3): TII:a:i~~ 5 DID Form 149 of 1 Feb 07
1.       1ltL~JI:s service record has been revIewed and it has been determined that his reenlistment code of RE-3P was correctly assigned. The reenlistment code was assigned based on his overall record and means that he did not meet the physical,’ medical standards for reenlistment at the cime of separation
2.       T~~~was discharged on July 23, 2003 to attend school. A review of his service record indicates that he was a 92 day reservist dropped to Medical Rehabilitation Platoon for tendonitis in his right knee. ~ did not want to return to a training company because it would have made him late for his college classes. Enclosures (1) and (2) pertain.
3.       After a review of all relevant information, this Headquarters concurs in the professional evaluation oi~ ~iJ1iI*I~ft~ qualifications for reenlistment at the time of separation. Once a code is correctly assigned it is not routinely changed or upgraded as a result of events that occur after separation or based merely on the passage of time.
4.       The reenlistment code assigned by the Marine Corps is an administrative marking which reflects the member’s acceptability for reenlistment at the time of separation from the Marine Corps. The code may, however, be waived at the discretion of the acquiring branch of service per their own policies and regulations.
5.       Enclosure (3) is returned for final action.
-
Head, Performance Evalu~tion
new Branch
~iManagement Division
By direction of the Commandant
of the Marine Corps

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