DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
_ Pocket No. 01902-08 |
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 20 Feb 08 w/attachs
(2) USMC ltr dtd 7 Feb 08
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, applied to this Board
requesting that his RE-4 reenlistment code be changed.
2. The Board, consisting of Messrs. Dietrich, Genteman and
Leeman, reviewed Petitioner's allegations of error and injustice
on 9 April 2008 and, pursuant to its regulations, a majority
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 to the Board was filed ina
timely manner.
c. Petitioner enlisted in the Marine Corps on 7 August 2000
at age 18. He served in an excellent manner, earning a good
conduct medal and promotion to Lance Corporal [E-3]. His only
disciplinary action occurred on 5 July 2004, approximately one
month before his scheduled release from active duty, and
consisted of non-judicial punishment for impersonating a non-
commissioned officer, specifically a Corporal [E-4] in
connection with his application for a Marine Corps Community
Services credit card and loan. The punishment imposed consisted
of a forfeiture of pay of $348.00. Based on his overall record
__of service including his marks in conduct and performance of
duty he received a fully honorable release from active duty on 6
August 2004. Since his release from active duty Petitioner has
been an active driller in the Marine Corps Reserve and earned a
promotion to Corporal [E-4]. In October of 2006 Petitioner
successfully completed the sergeant’s education program given by
the Marine Corps Institute.
da. Unfortunately for Petitioner at the time he was released
from active duty he was assigned an RE-4 reenlistment code based
on the disciplinary action which occurred one month earlier. [In
his application to the Board he concedes that he acted
wrongfully but points out that the RE-4 reenlistment code is
preventing him from getting orders to extended active duty which
he clearly desires. By enclosure (2) Headquarters Marine Corps
recommends against granting relief pointing out that it was
correctly assigned and opines that reenlistment codes should not
be routinely changed based on events occurring after separation
or the passage of time.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding the recommendation of enclosure (2) the Board
finds that under the totality of the circumstances of this
particular case the interests of justice would be better served
by changing Petitioner’s RE-4 reenlistment code. The Board
takes particular note of Petitioner’s overall record of service
and the fact that the isolated act of misconduct that was the
basis for the RE-4 reenlistment code was of a minor nature with
no aggravating features and was disposed of at non-judicial
punishment rather than trial by court-martial. Furthermore its
timing was most unfortunate since Petitioner had little time to
overcome this incident and improve his commanding officer’s
opinion of him. And finally there is his performance of duty as
a Marine Corps reservist and desire to serve on extended active
duty and thereby offer his support to the Marine Corps during
these demanding and dangerous times.
In view of the above the Board recommends the following
corrective action.
RECOMMENDATION:
a. That Petitioner's navagd record. be corrected by changing
the RE-4 reenlistment code assigned to him upon his release from.
active duty on 6 August 2004 to RE-1.
_ Bb. That any ‘material or entries relating to the Board's ~~~ a
recommendation be corrected, removed or completely expunged from
Petitioner's record and that no such entries be added to the
record in the future.
c. 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
the 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.
). fe
ROBERT D. ZSALMAN IAN J. GEORG
Recorder cting Recorder
5. The. foregoing report of the Board is submitted for your
review and action.
lor 7
W. DEAN PFET
Reviewed and approved:
Q.RAT. GEE
HW-rA- oO
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