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NAVY | BCNR | CY2007 | 05390-07
Original file (05390-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100



TRG
Docket No: 5390-07
5 December 2007

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

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subjects naval record
1.       Pursuant to the provisions of reference (a) , Petitioner, a member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that her record be corrected to show that she was released from active duty, vice being discharged 2 May 2002. She is also requesting that her reenlistment code be changed.
2.       The Board, consisting of Mr., Ms. and Mr. _ reviewed Petitioner’s allegations of error and injustice on November 2007 and, pursuant to its regulations, determined that the limited 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.       Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.

c.       Petitioner enlisted in the Marine Corps on 24 August 1998 at age 19. On 17 January 2002, she requested separation from the Marine Corps due to pregnancy. After review, her request was approved and she returned to the United States from Iwakuni, Japan. The DD Form 214 shows that she was released from active duty on 2 May 2002 with 3 years, 8 months and 7 days of active service and was assigned an RE-3N reenlistment code. The separation program designator (SPD)~ assigned at that time was KDF1, which means that she was discharged because of pregnancy or childbirth. Because of this erroneous code, she was apparently dropped from the Marine Corps. Petitioner enlisted in the Marine Corps Reserve on 19 October 2204 for two years.

d.       Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps which states that the SPD code should have been MDF1 which is assigned to individuals being released from active duty vice being discharged for pregnancy or childbirth. The advisory opinion recommended that the SPD code be changed to MDF1 from KDF1 and that the record show that she was a member of the Individual Ready Reserve after 2 May 2002.
e.       Marine Corps regulations require the assignment of an RE-3N when a female Marine is separated early because of pregnancy or single parenthood.
CONCLUSION:
Upon review and consideration of all the evidence of record and especially the recommendation contained in the advisory opinion, the Board concludes that Petitioner’s request warrants favorable action. Therefore, her record should be corrected to show that she was released from active duty on 2 May 2002 with an SPD of MDF1, vice being discharged on that date. Her reserve record should be corrected to reflect this change.
Since regulations require the assignment of an RE-3N reenlistment code in cases such as this, it is clear that she had been treated no differently than others in her situation and a change in the reenlistment code is not warranted.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand her correct length of service.
In view of the above, the Board recommends the following limited corrective action.






RECO MM ENDATION:
a.       That Petitioner’s naval record be corrected to show that on 2 May 2002, she was released from active duty by reason of pregnancy or childbirth with an SPD of MDF1 vice the SPD of KDF1 now of record.
b.       That Petitioner’s request for a change in the RE-3N reenlistment code be denied.
C.       That this Report of Proceedings be filed 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        BRIAN J. GEORGE
Recorder         Acting 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 authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.



                                                                        W. DEAN PFEIFFER
Executive Director

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