DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5100
SON
Docket No: 08728-08
2 September 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj}: REVIEW OF NAVAL OF RECORD
iene.
Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5C
1) DD Form 149 with attachments
2) Case Summary
3) HOMC MMER/RE memo: dtd 11 Jun 09
4) Subject's naval record
Encl: {
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1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting a change in his general
characterization of service and RE-3B reenlistment code.
2. The Board, consisting of Mr iia Msc qlee and
Mr, SRM. reviewed Petitioner's allegations of error and
injustice On 25 August 2009 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 enclosure (1) was not filed in a timely manner,
it ag in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 6 December 1976 at age 19. During the
period from 26 January to 14 November 1978, he received three
nonjudicial punishments (NUP‘’s) for disobedience, drunk and
disorderly conduct, and five days of unauthorized absence.
d. Petitioner remained on active duty until 10 December
1979, when he was released under honorable conditions from active
duty at the expiration of his enlistment and transferred to the
Marine Corps Reserve. At that time he was assigned an RE-3B
reenlistment code.
e. With his application, Petitioner states that he was never
involved with drug use and his final discharge should be
honorable. In this regard, his reenlistment code of RE-3B means
wrongful use of drugs.
f. An advisory opinion (enclosure (3)) from Headquarters
Marine Corps, states that Petitioner’s record does not show any
illegal use of drugs or derogatory counseling entries to explain
the RE-3B reenlistment code and recommends that his reenlistment
code be changed to RE-3C, which is more appropriate.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board concludes that
Petitioner's request warrants partial relief.
In this regard, the Board notes Petitioner's overall record of
military service, including three years of service with three
NJP’s, none of which were for drug use and no derogatory entries
to justify an RE-3B. The Board therefore concludes that no
useful purpose is served by assignment of the most restrictive
reenlistment code of RE-3B, and an RE-3C code more accurately
reflects the quality of his service. With regard to Petitioner's
characterization of service, the Board concludes that with three
NJP’s in a three yéar period, a general discharge accurately
reflects his character of service.
In view of the above, the Board recommends the following limited
corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 10 December 1978, he was issued an RE-3C reenlistment code
vice the RE-3B actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
ec. That no further relief be granted.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
9 September 2008.
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 \ cEores
Recorder oO 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
Navai 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.
ld Pease.
W. DEAN PFE
Executive Di tor
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