DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5711-07
12 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ..@asgantll
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case summary
(2) HQOMC MMSR-3 memo dtd 31 Jan 08
(3) HQMC MMER/RE memo dtd 13 Mar 08
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps Reserve, applied to
this Board requesting to change his reason for separation
"Fraudulent Entry Into Military Service" and RE-3F reenlistment
code.
2. The Board, consisting of Mr. ~ Mr . iii, and
Mr SMe ceviewed Petitioner's allegations of error and
injustice on 7 May 2008, 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. Petitioner's application was filed in a timely manner.
c. On 3 April 2006, Petitioner enlisted in the Marine Corps
Reserve at age 17 with parental consent. On 10 October 2006,
he was issued orders to report to recruit training. However,
he left the airport before boarding his flight and did not
comply with his orders. On 12 October 2006, while Petitioner
was in absentia, his commanding officer at recruit training
initiated an entry level separation by reason of erroneous
enlistment, fraudulent entry, and void enlistment. On
12 October 2006, the separation authority directed an entry
level separation by reason of fraudulent entry. On that same
d. In his application, Petitioner States that he did not
enlist fraudulently and did not comply with the orders due to
personal obligations. He further states that he would like to
become a Marine officer when he completes his college degree.
e. Attached as enclosure (2) is an advisory opinion from the
Headquarters Marine Corps (HQMC) Separation and Retirement
Branch, which states, in part, as follows:
-..Upon further review, it has been determined
that [Petitioner] should have been discharged
with a Separation Code of JG@A1 vice JDA1 with
a narrative reason for separation as "Entry
Level Performance and Conduct" vice "Fraudulent
Entry Into Military Service"...We recommend
[Petitioner's] DD Form 214 be corrected
accordingly...
f. Attached as enclosure (3) is an advisory opinion from
HQMC Performance Evaluation Review Branch, Personnel Management
Division, which states, in part, as follows:
.-it has been determined that [Petitioner's]
reenlistment code of RE-3F was correctly assigned.
The reenlistment code was assigned based on his
overall record and simply means that he failed
to complete recruit training...
g. Regulations authorize separation of a member by reason of
fraudulent entry into the military service if the member
intentionally fails to disclose disqualifying enlistment
criteria. Regulations authorize separation of a member by
reason of entry level performance and conduct if the member is
unqualified for further service as evidenced by incapability,
lack of reasonable effort, failure to adapt to the Marine Corps
environment, or minor disciplinary infractions. Regulations
authorize assignment of an RE-3F reenlistment code when a
member fails to complete recruit training.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concurs with the recommendations provided by the
advisory opinions. Accordingly, the Board concludes that
Petitioner's record should be corrected to show that he was
discharged with an entry level separation by reason of entry
level performance and conduct.
RECOMMENDATION:
4
a. That Petitioner's naval record be corrected to show that
he was separated with an entry level separation by reason of
entry level performance and conduct on 12 October 2006, vice
the entry level separation by reason of fraudulent entry into
the military service that was actually issued on that date.
b. That no further relief be granted.
c. That this Report of Proceedings be filed in Petitioner's
naval record so that all future reviewers will understand the
reason for the changes in his 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 Regulation, 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.
NR ee SS Ze
FO W. Hay Seerpees
Executive Director
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