DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 12321-08
16 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD OF
Ref: (a) 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, applied to this Board requesting an RE-1
reenlistment code vice the RE-4 that was issued on 18 November 2007,
when he was honorably released from active duty.
2. The Board, consisting of Mr. iJ/VAdii~s '. SMgiiame ac
Ms: Wreviewed Petitioner's allegations of error and injustice
on 15 April 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, advisory opinion,
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 19 November 2003, while participating in Operation Enduring
Freedom in Afghanistan, Petitioner reenlisted in the Marine Corps at
age 23 after a prior period of honorable service. On 6 April 2004,
he departed Afghanistan with his unit. On 1 October 2004, he was
promoted to pay grade E-5 and subsequently received favorable fitness
reports. On 19 July 2007, he had nonjudicial punishment (NJP) for
drunken or reckless driving, which resulted in his reduction in rank
to pay grade E-4. On 23 July 2007, he was counseled regarding this
offense and given an administrative discharge warning. On
18 November 2007, he was honorably released from active duty due to
completion of required of required active service. The DD Form 214
issued on that date shows that he was assigned an RIu-4 reenlistment
code, but the Marine Corps otal Force System (MCTPS) indicates that
he was recommended for reenlistment. At the time that he was
released from active duty, he had completed more than seven years of
active service and attained 4.7 proficiency and conduct mark
averages. His awards included two Good Conduct Medals (GCM's), two
Navy and Marine Corps Achievement Medals, a Global War on Terrorism
(GWT) Service and a GWT Expeditionary Medal, a Navy and Marine Corps
Overseas Service Ribbon, a National Defense Service Medal, a Sea
Service Deployment Ribbon, a Certificate of Commendation, and a
Certificate of Appreciation. On 27 April 2008, he was honorably
discharged from the Marine Corps Reserve due to the expiration of his
obligated service.
d. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps, which states, in part, as follows:
... [Petitioner's] service record has been reviewed
and it has been determined that at the time of
separation he was assigned a reenlistment code of
RE-4, which means that he was not recommended for
reenlistment. The reenlistment code was correctly
assigned and was based on his overall record.
... [Petitioner] was honorably discharged from the
U.S. Marine Corps...[his] service records indicate
that he was counseled for driving a motor vehicle
while intoxicated...f[and] he was awarded one
[NUP] for...drunken or reckless operation of a
vehicle...
.. After a review of all relevant information,
this Headquarters concurs in the professional
evaluation of [Petitioner's] qualifications
for reenlistment at the time of separation...
e. In his application, Petitioner states in essence that he
received an RE-4 reenlistment code because of one isolated incident
after almost seven years of service and that he has no other adverse
actions. He further states that he has learned from this experience
and requests that he receive an RE-1 reenlistment code so that he may
be considered for reenlistment in another branch of the armed forces.
f. Regulations authorize assignment of an RE-4 reenlistment code
to members who are not recommended for reenlistment. Regulations
also authorize assignment of an RE-1B reenlistment code to corporals
with satisfactory performance records who are released from active
duty and are recommended and eligible for reenlistment except for
service limitations established by Enlisted Career Force Controls.
Regulations state that service limitations for Marines serving in pay
grade E-4 are eight years.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. In this
regard, with the exception of the RE-4 reenlistment code reflected on
his DD Form 214, there is no evidence in the record to show that he
was not recommended for reenlistment and the MCTFS shows that he was
recommended. Furthermore, the Board finds that he served without
incident for more than seven years before he had an NJP that resulted
in his reduction to pay grade E-4. The Board also finds that given
his overall exemplary service record, there is no reason that he
would not have been considered for reenlistment except for service
limitations since he had no other adverse action other than one NUP.
The Board also considers his service in Afghanistan, prior period of
honorable service, awards that included two GCM's, and excellent
proficiency and conduct marks and fitness reports. Therefore, the
Board finds that the RE-4 reenlistment code should be changed to
RE-1B.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was assigned an RE-1B reenlistment code on 18 November 2007, vice the
RE-4.
b. That this Report of Proceedings be filed in 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.
Deon} Ahoage
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review and
action.
5
W. DEAN PFEIRGE
Executive Di
Reviewed and approved:
QAXr&rh. CAs
Te-W- 69,
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