DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1533-09
23 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD OF ii
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
enlisted member of the Marine Corps and current member of the Marine
Corps Reserve, applied to this Board requesting an RE-1A reenlistment
code vice the RE-4B that was issued on 30 October 2007, when he was
released from active duty under honorable conditions.
2. The Board, consisting of Ms. <@@iiifie, Ms. ulm, and
Mr. ie, reviewed Petitioner's allegations of. error and
injustice on 22 April 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,
memorandum provided by Headquarters Marine Corps (HQMC) Performance
Evaluation Review Branch (PERB), 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 ali
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 7 October 2003, Petitioner enlisted in the Marine Corps at
age 19. During the period 3 April 2004 to 29 September 2006, he
participated in Operation Combined Joint Task Force Haiti and two
operations in Iraq. On 26 January 2007, he was convicted by a
summary court-martial for use of cocaine. On 30 October 2007, he was
released from active duty under honorable conditions due to
completion of required active service and assigned an RE-4B
reenlistment code. At that time his awards included two combat
action ribbons, a Good Conduct Medal, an Armed Forces Expeditionary
Medal, an Iraq Campaign Medal, a Humanitarian Service Medal, a
National Defense Service Medal, two Sea Service Deployment Ribbons, a
Global War on Terrorism (GWT) Expeditionary Medal and GWT Service
Medal, and two Navy Unit Commendations.
d. Attached to enclosure (1) is a memorandum from Headquarters
Marine Corps, which states, in part, as follows:
...it has been determined that at the time of
separation [Petitioner] should have been assigned
a reenlistment code of RE-4B, which means that
there is a military or civilian in-service
illegal drug involvement and there is no potential
for further service...
...A review of the disciplinary portion shows that
[Petitioner] received one Summary Court-Martial
for violating Article 112a (wrongfully use,
possession of controlled substance)...
... 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 that the RE-4B
reenlistment code was based on a biased opinion given by a retaining
specialist and requests an RE-1A.
f. Regulations authorize assignment of an RE-1A reenlistment code
if a member meets all reenlistment prerequisite criteria and is
recommended for retention. Regulations also state that service
members who have confirmed illegal use, possession, sale, or
distribution of a controlled substance will not be granted a waiver
to reenlist. Regulations further direct assignment of an RE-4B
reenlistment code when a service member has a military or civil
record of in-service illegal drug involvement and there is no
potential for further service. Regulations also authorize assignment
of an RE-4 reenlistment code when a service member is not recommended
for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants limited relief.
Specifically, the Board finds that he does not meet the reenlistment
prerequisites for assignment of an RE-1A reenlistment code, but finds
that although he was convicted by a court-martial for use of cocaine,
he was retained on active duty for more than nine months before he
was released under honorable conditions and transferred to the Marine
Corps Individual Ready Reserve where he is still subject to recall to
active duty at any time. Therefore, the Board finds that he does not
fully meet the requirements for assignment of an RE-4B reenlistment
code, since he does have potential for further service. Furthermore,
the Board finds that his drug-related court-martial conviction
supports his non-recommendation for reenlistment. Therefore, the
Board finds that the RE-4B reenlistment code should be changed to an
RE-4.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was assigned an RE-4 reenlistment code on 30 October 2007, vice the
RE-4B.
b. That this Report of Proceedings be filed in Petitioner’s naval
record so that all future reviewers will understand the reason for
the change in his 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 Ganon} trong
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review and
action.
lo Doar S ,
W. DEAN PFET
Executive Di
Reviewed and approved:
QAR ATE. G&L
“a -WA] OQ
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