DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
4
TAL
Docket No: 10513-0909
1 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF@=éiilil
Ref: {a} 100.S.C. 1552
Enel: (1) DD Form 149 with attachments
{2} Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former member of the Marine Corps, filed enclosure {1) with this
Board requesting that his narrative reason for separation
{misconduct without administrative discharge board-Fraudulent
Enlistment-failure of a Marine to reveal pre-service involvement
with civil authorities), separation designator (SPD) code (JKG3),
and reenlistment code (RE-3F) be changed. ms
2. The Board, consisting of Messrs. “jf ah Se and
Sets. ceviewed Petitioner's allegations of error and
injustice on 3 February 2010 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. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on’ its merits.
c. Petitioner enlisted in the Marine Corp on 18 July 1980
at the age of 19 and began period of active duty on 28 July 1980.
On 30 July 1980 he completed enlistment documentation which
stated, in part, that he was advised by a recruiter that his pre-
service civil misconduct “did not matter” because he had paid the
fines. However, on 20 August 1980, a statewide investigation
revealed that he had three civil charges pending. As a result of
this action, on 18 September 1980, he was honorably discharged
Erom the Marine Corps due to misconduct by reason of fraudulent
‘enlistment due to failure to reveal pre-service involvement with
Civil authorities.
d. In December 1980 an investigation conducted by the
Recruiting Station Minneapolis, Minnesota revealed that
Petitioner was counseled by his recruiter to conceal his police
record, specifically, by omitting the information regarding his
civil offenses/charges from the Record of Military Processing
DD Form 1966. On 8 January 1981 the discharge authority
recommended that his discharge be declared erroneous vice
fraudulent due to recruiter malpractice.
e. In an advisory opinion from Headquarters Marine Corps
(MMSR-3) dated 8 December 2009; it is recommended that
Petitioner’s record be corrected to show a SPD code of JFC3, a
narrative reason for separation (Erroneous Enlistment, Pre-
service Juvenile Record).
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board’s decision is based, in part, on the advisory opinion
recommendation which recommends that Petitioner's record be
corrected to show a SPD code of JFC3, and a narrative reason for
separation of Erroneous Enlistment, Pre-service Juvenile Record.
In this regard, the Board substantially concurs with the comments
contained therein.
Further, the Board concludes that Petitioner’s narrative reason
for separation, separation designator code, and reenlistment code
appear to be exceptionally harsh and a change of this data to be
less stigmatizing igs now warranted. As such, the Board concludes
that the narrative reason for separation should be changed to
Erroneous Enlistment, Pre-service Juvenile Record, the separation
designator code changed to JFC3, and the reenlistment code
changed to RE-3Cc,
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 18 September 1980 he was honorably discharged by reason of
Erroneous Enlistment, Pre-service Juvenile Record, and assigned a
separation designator code of JFC3 and a reenlistment code to
RE-3C vice being separated by reason of misconduct without
administrative discharge board - Fraudulent Enlistment - failure
of a Marine to reveal pre-service involvement with civil
authorities and assigned a JKG3 separation designator code and an
RE-3F reenlistment code.
b. 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.
¢. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
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. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 rom) Aang
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 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.
Lo deaseoe)
W. DEAN P
Executive
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