DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:kes
Docket No. 04191-10
22 June 2010
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) 10 U.S.C. 1552
(1) DD Form 149 w/ attachments
(2) Headquarters Marine Corps Advisory Opinion
Dtd 14 Apr 10
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
enlisted member of the Marine Corps, files enclosure (1) with
this Board requesting that his reenlistment code (RE-3C) be
changed.
2. The Board, consisting of Messrs W. Hicks, Pfeiffer and
Gwarens reviewed Petitioner's allegations of error and injustice
on17 June 2010. Pursuant to its regulations, the Board
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. Enclosure {1) was filed in timely manner.
ec. Petitioner enlisted in the Marine Corps on 15 September
2008 at age 18 and served for a total of 25 days when he
received an uncharacterized entry separation due to his having
a tattoo on his right arm whose meaning was sexist in nature.
Specifically Petitioner’s right arm bore the tattooed letters
“M.O.B” which he admitted stood for “money over bitches.”
Despite his sincere expression of regret Petitioner’s request
for a waiver and continuation of military training was denied
and he was assigned on RE-3C reenlistment code. A review of
enclosure (3): reveals that there were no other disqualifying
features of either a physical, mental or behavioral nature that
would have justified Petitioner's separation.
d. In his application to the Board Petitioner denies having
sexist views and explains that the tattoo was the result of a
wager he lost on a local football game, and the tattoo was
chosen because at the time he had it placed on his arm the
phrase “money over bitches” had become popular in local rap
music. Petitioner deeply regrets his “stupidity and
“immaturity”. He also states that when his recruiter saw the
tattoo and questioned him about it, Petitioner truthfully told
him its meaning. Petitioner claims that in response his
recruiter advised him to come up with an alternative meaning
that would be more appropriate with Marine Corps values.
Accordingly, when Petitioner was undergoing initial processing
(MEPS) he told authorities the tattooed letters M.O.B. meant
mind over body. When his explanation was later challenged by
authorities at the Marine Corps Recruit Depot, Parris Island he
admitted the tattoo’s true meaning.
e. Since his separation Petitioner has been actively engaged as
a full time college student who uses his spare time to serve as
a volunteer for the American Red Cross. Attached to his
application is a photograph showing that the objectionable
tattoo has been completely been covered over by a new tattoo of
an airplane. The Board is aware that such a procedure is far
less expensive and involves less physical discomfort than
outright removal through laser surgery.
f. Enclosre (2) is an advisory opinion from the Marine Corps
Performance Review Branch recommending denial of Petitioner's
request on the grounds that since the Re-3C code was correctly
assigned it should not be routinely changed.
CONCLUSION:
Upon review and reconsideration of all the evidence of record
and notwithstanding the unfavorable recommendation of enclosure
(2) the Board concludes that the interests of justice would be
better served by granting Petitioner’s request. The Board
find’s Petitioner’s explanation of the events and circumstances
leading to his acquiring of the objectionable tattoo to be
credible, namely that it was an act of immaturity by a teenager
inspired by his fondness of rap music and caused by a losing
wager on a local football game. In this regard the Board would
like to point out that it was the tattoo itself and only the
tattoo that caused Petitioner to be separated and not any
observable personality or behavioral traits that would have
disqualified him from further military service. The Board is
also impressed by Petitioner’s post service conduct
demonstrating both maturity, sound judgement and civic
mindedness as evidenced by his pursuit of a college education
and his volunteer service to the American Red Cross.
Undoubtedly this latter experience has led Petitioner to seek
enlistment in the Navy as a hospital corpsman. Accordingly the
Board recommends that the Petitioner’s reenlistment code be
changed to RE-1A.
RECOMMENDATION:
a. The Petitioner's naval record be corrected to show that on 9
October 2008 he was issued an RE-1A reenlistment code vice the
RE-3C actually issued on that date.
b. That a copy of Board’s Report of Proceedings be filed in
Petitioner’s record so that future reviewers will fully
understand the nature and reasons for the Board’s corrective
action.
‘ eenelage ieee
ROBERT D. ALMAN BRIAN J. GEORGE
Recorder . Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
La Dag
W. DEAN PFE
Executive D or
sev A Tif
7'/ {0
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Alfairs)
1000 Navy Pentagon, Rm 40540
Washington, DC 20350-1000
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