DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 1243-08
23 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
RECORD OF JSgAihMiMgiaulclaiiiramaies
REVIEW OF NAVe
Ref: (a) Title 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 member of the Marine Corps Reserve, filed an application
with this Board requesting that her record be corrected, in
effect, to show that she was not discharged on 13 December 2009
under other than honorable conditions or reduced in grade to of
lance corporal (LCpl; E-3), and that she was recommended for
reenlistment.
2. The Board, consisting of Mr. ae ve ie and Mr. ii
reviewed Petitioner's allegations of error and injustice 6
March 2009 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. Petitioner's application was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 14 January
2002 for four years at age 19. On 13 January 2006 she was
released from active duty with an honorable characterization of
service in the grade of corporal and with an RE-1A reenlistment
code. On 1 July 2006 while in the Individual Ready Reserve, she
was promoted to sergeant (Sgt; paygrade E-5).
d. On 1 August 2007 she was sent a certified letter
notifying her of separation processing by reason of
unsatisfactory participation in the United States Marine Corps
Reserve (USMCR) because of her failure to provide the
Mobilization Command with her current contact information. She
was informed that she was being recommended for a discharge under
other than honorable conditions. She never responded to this
notification. On 2 October 2007, a Staff Judge Advocate found
the case sufficient in law and fact and on 13 December 2007 the
commanding general directed discharge under other than honorable
conditions and she was so discharged on 13 December 2007 with an
RE-4 reenlistment code. In accordance with regulations, she was
reduced to lance corporal at that time.
e. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps (HQMC) which states in pertinent part
that Petitioner was at fault for not keeping her address current
and Marine Corps Base, Albany was also at fault for not updating
her address after her separation from active duty. Given the
circumstances, HQMC recommends that Petitioner be restored to the
grade of Sgt and that she be issued an honorable discharge.
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, the Board concludes that the record should be
corrected to show that she was not discharged under other than
honorable conditions on 13 December 2007 but continued as a
member of the Marine Corps Reserve in the grade of Sgt until she
was honorably discharged on 13 January 2009 at the end of her
military obligation with a recommendation for reenlistment. All
references to the discharge under other than honorable conditions
on 13 December 2007 should be removed from her record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that she
was not reduced in grade and discharged under other than
honorable conditions on 13 December 2007 but remained a member of
the USMCR until she was honorably discharged on 13 January 2009
at the end of her military obligation.
b. That Petitioner's record be further corrected to show that on
13 January 2009 she was recommended for reenlistment.
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 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
matter.
ROBERT D. ZSALMAN BRIAN \ ces
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.
wt
, W. DEAN PF R
Executive D or
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