DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09597-10
25 March 2011
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF pe?
Ref: (a) 10 U.S.C. 1552
td
Encl: (1) DD Form 149 w/attachments
(2) HOMC Code MMER dtd 30 Aug 2010
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, applied
to this Board requesting that the other than honorable discharge
(OTH) and RE-4 reenlistment code issued to him on 21 December 2006
be changed.
2. The Board, consisting of Messrs Bourgeois, Gorenflo and
Neuschafer, reviewed Petitioner's allegations of error and injustice
on 16 March 2011 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. Petitioner's application to the Board was filed in a timely
manner.
c. Petitioner initially enlisted in the Marine Corps on 10 January
2000 and reenlisted on 10 October 2003 for atermof four years. From
the time of his initial enlistment in 2000 until June 2005 Petitioner
performed his military duties in an excellent to outstanding manner
and was promoted to sergeant (E-5).
d. Unfortunately Petitioner’s performance of duty began to
deteriorate and his personal life began to spiral downward when his
wife unexpectedly left him taking with her their six month old son.
More Specifically, between June 2005 and November 2006 Petitioner
received three nonjudicial punishments for a number of relatively
non service offenses with the last two nonjudicial punishments being
directly attributable to his abuse of alcohol. After his second
nonjudicial punishment Petitioner was referred to an alcohol abuse
program for treatment. Sadly Petitioner was dropped from the
alcohol aftercare program when he was arrested by civil authorities
for drunk driving after having rolled his car in a one car accident.
This resulted in Petitioner receiving his third nonjudicial
punishment. Based on his record of misconduct Petitioner was
administratively processed for separation and ultimately issued an
OTH and assigned an RE-4 reenlistment code.
e. With his application Petitioner has submitted numerous letters
attesting to his excellent post service conduct. Following his
discharge Petitioner served for two years in Iraq as a civilian
contractor for the Department of Defense, has successfully combated
alcohol abuse and actively participates in local church activities
such as counseling and guidance sessions.
f. Enclosure (2) is a memorandum from Headquarters Marine Corps
recommending that Petitioner’s reenlistment code not be changed due
to his documented and extensive record of misconduct as well as his
substandard performance of duty.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that as a matter of clemency partial relief is warranted.
Specifically the Board believes that the interests of justice would
be better served by upgrading Petitioner’s discharge to general under
honorable conditions based on the following factors. First is
Petitioner’s excellent to outstanding record of service during the
period from January 2000 to June 2005. Secondly there are the
extenuating and mitigating circumstances that had both an important
and adverse influence on his conduct and performance. The third
factor is that none of Petitioner’s offenses were especially serious
in nature. Finally there is Petitioner’s excellent post service
conduct. Turning its attention to the matter of Petitioner’s
reenlistment code the Board concurs with the comments and
recommendation of the Headquarters Marine Corps memorandum at
enclosure (2) that the RE-4 reenlistment should not be changed.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that 21
December 2006 he was issued a general discharge under honorable
conditions in lieu of an other than honorable discharge.
b. That Petitioner's request for a change to his reenlistment code
be denied.
c. That a copy of this Report of Proceedings be filed in Petitioner's
record so that future reviewers of his record will have a complete
and better understanding of the Board’s corrective action and its
underlying reasons.
d. That upon request the Department of Veterans Affairs be informed
that Petitioner's application was received by the Board on 2
September 2010.
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. ~4SALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
of the Procedures of the Board for Correction of Naval Records (32
Code of Federal Regulations, Sections 723.6(e)), and having assured
compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the provisions of reference
(a), has been approved by the Board on behalf of the Secretary of
the Navy.
NS PEBAE
Executive BA for
NAVY | BCNR | CY2002 | 07693-01
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps Reserve filed enclosure (1) with this Board requesting that his record be corrected to show a better reenlistment code than the RE-4 reenlistment code assigned on 7 July 2000. Since it appears The Board further concludes that this Report of Proceedings should be filed in Petitioner's Naval record so that all future reviewers will understand the reason for the change in the reenlistment code. ...
NAVY | BCNR | CY2007 | 05733-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMW Docket No: 5733-07 7 February 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy [EW OF NAVAL RECORD OF % Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, former enlisted member of the Marine Corps, applied to this Board requesting to change his RE-4B reenlistment code that was assigned on 9 September 2006, when he was separated...
NAVY | BCNR | CY2010 | 00044-10
Pursuant to the provisions of reference (a), Petitioner, applied to this Board requesting that the other than honorable discharge (OTH) issued to him on 10 February 2006 be upgraded. The Board, consisting of Messrs Exnicios, George and Pfeiffer, reviewed Petitioner's allegations of error and injustice on 12 July 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board's recommendation is...
NAVY | BCNR | CY2011 | 01938-11
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his reenlistment code (RE-4) he changed and that his other than honorable discharge (OTH) be upgraded. As a result of his alcohol related offenses he was not recommended for reenlistment and assigned an RE-4 reenlistment code and issued an OTH. e. Enclosure (2) is an advisory opinion from Code MMER of Headquarters Marine Corps...
NAVY | BCNR | CY2008 | 06432-08
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, applied to this Board requesting that his discharge be upgraded. Based on his three NUPs Petitioner was taken before an administrative discharge board (ADB) whose members recommended that he be separated with an other than honorable (OTH) discharge. At the time of discharge Petitioner had less than six months to serve on his five year enlistment.
NAVY | BCNR | CY2006 | 08335-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 08335-06 4 April 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OP NAVAL RECORD OF EX Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting recharacterization of his release from active duty. He believes that his...
NAVY | BCNR | CY2002 | 05297-02
The GCMCA declined to act on Petitioner's specific complaint about the NJP since applicable directives state that such a disciplinary action is not a proper subject of an Article 138 complaint. OONOV02' to OlMAR15, as corrected by the (GCMCA), refers to the results of (NJP) where the charged deiekination that your Evaluation Report for the reporting period of;ense does not state an offense under the UCMJ. Paragraph 4 q. UCMJ Article 92(1)2 states that it is an offense to or beyond the...
NAVY | BCNR | CY2005 | 05224-05
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by changing her reenlistment code and restoring her to corporal (CPL; E-4).2. The Board, consisting of Mr. Mr. and Ms. -reviewed Petitioner’s allegations of error and injustice on 17 August 2005 and, pursuant to its regulations, determined that the corrective action indicated below should be taken...
NAVY | BCNR | CY2006 | 05214-06
Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the United States Marine Corps, applied to this Board requesting an RE-3 reenlistment code vice the RE-4 reenlistment code actually assigned on 29 April 2005.2. The Board, consisting of Mr. , Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 27 September 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...
NAVY | BCNR | CY2008 | 01902-08
Since his release from active duty Petitioner has been an active driller in the Marine Corps Reserve and earned a promotion to Corporal [E-4]. Unfortunately for Petitioner at the time he was released from active duty he was assigned an RE-4 reenlistment code based on the disciplinary action which occurred one month earlier. And finally there is his performance of duty as a Marine Corps reservist and desire to serve on extended active duty and thereby offer his support to the Marine Corps...