DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11095-07
7 August 2008
From: Chairman, Board for Cc
Ref: (a) 10 U.S.c. 1552
(b) MARCORSEPMAN MCO P1900.16F
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
filed enclosure (1)
rization of hi
2. The Board, consisting of
ae August 2008 and j , determined
that the corrective action indic
ated below should be taken on the
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
b. Although it ap
c. Petitioner enli
1995 at the age of 18.
d. During the period from 1 November 1996 to 13 March 1999
Petitioner received counselling regarding his nonrecommendations
for promotion due to being overweight, lack of leadership
abilities, poor military appearance, lack of motivation and
maturity, and deficiencies in his performance.
e. On 13 July and 23 August 1999 Petitioner received
nonjudicial punishment (NUJP) for absence from his appointed place
of duty and wrongful appropriation of a government computer.
f. On 18 September 1999, upon completion of Petitioner’s
required active service, he was issued a Certificate of Release
or Discharge from Active Duty (DD Form 214) which reflects that
he was released from active duty under honorable conditions and
transferred to the Marine Corps Reserve. The DD Form 214 also
reflects an RE-3P reenlistment code.
g. On 24 October 2002 Petitioner was honorably discharged at
the expiration of his obligated term of service.
h. At the time of Petitioner’s release from active duty, his
conduct average of 4.4 exceeded the average mark of 4.0 that was
required for a fully honorable characterization of service.
i. Reference (b) authorizes the issuance of an RE-3P
reenlistment code to Marines who were separated due to failure to
meet the Marine Corps’ physical and/or medical standards.
Reference (b) also authorizes the issuance of an RE-1B for
Marines, such as Petitioner, who were released from active duty,
transferred to the Marine Corps Reserve, and were otherwise
recommended for reenlistment, but retention was denied by the
Commandant Marine Corps.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Although the Board does not condone Petitioner’s infractions,
its decision is based on his length of service and periodic
conduct marks. As such, his conduct average exceeded the
requirements for a fully honorable characterization of service.
Consequently, the Board concludes that no useful purpose is
served by continuing to characterize his service as having been
under honorable conditions.
The Board further notes that since Petitioner was not processed
for separation due to his failure to meet the Marine Corps’
physical and/or medical standards, but recommended for
reenlistment, the RE-3P reenlistment code was inappropriately
assigned. As such, the Board concludes that an RE-1B
reenlistment code, which is also authorized by regulatory
guidance for a Marine who was not recommended for retention, but
was otherwise recommended for reenlistment at the completion of
his obligated service, is more appropriate for Petitioner's
Situation.
In view of the foregoing, the Board concludes that relief in the
form of recharacterization of Petitioner's discharge and a change
of his reenlistment code are appropriate, and as such 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 honorably released from active duty and transferred to the
Marine Corps Reserve on 18 September 1999 vice released and
transferred under honorable conditions on the same day.
b. That Petitioner’s naval record be corrected to show that
he was assigned an RE-1B reenlistment code on 18 September 1999
vice the RE-3P reenlistment code actually assigned on that date.
c. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of 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
—_ Ae )lu
ROBERT D. ZSALMAN I 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.
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