DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
RDZ:ecb
Docket No. 61938-11
12 wuly 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF FORMER ae
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC Code MMER memo dtd O7FEBI11 w/fattachments
(3) Subject's naval record
1. 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.
2. The Board, consisting of Messrs Exnicios, George and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on 5 July
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. Enclosure. (1) was filed in a timely manner.
c. Petitioner, at age 18, enlisted in the Marine Corps on 16
February 1990 for a termof four years. Unfortunately he only served
a little over two years when he was administratively separated due
to frequent acts of misconduct. Specifically between October 1991
and October 2001 Petitioner received three non-judicial punishments
and one summary court-martial for alcohol related offenses. In
every instance he was charged with underage drinking accompanied by
one episode of insubordination and another episode of disorderly
conduct. 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.
d. In his application to the Board Petitioner has provided
information showing that since his separation from the Marine Corps
he has become active in Alcoholics Anonymous and has maintained
sobriety throughout this period. Moreover it appears that
Petitioner is a respected and law abiding member of his community.
e. Enclosure (2) is an advisory opinion from Code MMER of
Headquarters Marine Corps recommending that Petitioner's
reenlistment code not be changed based on his extensive disciplinary
record.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner is entitled to partial relief.
With regard to Petitioner's request to change his reenlistment code
the Board concurs with the conclusions and recommendation of
enclosure (2) that the assignment of an RE-4 reenlistment code was
more than justified by his record of misconduct and should not be
changed. However as regards the characterization of Petitioner’s
discharge the Board believes that as a matter of clemency the
interests of justice would be better served by upgrading his
discharge to general under honorable conditions. The Board bases
its recommendation for relief on the minor nature of his offenses
and his excellent post-service conduct.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 6
March 2001 he was issued a general discharge under honorable
conditions.
b. That Petitioner's request to change his RE-4 reenlistment code
be denied.
c. That acopy of this Report of Proceedings be filedin Petitioner's
Naval record.
d. That upon request, the Department of Veterans’ Affairs be
informed that Petitioner's request was received by the Board on 7
February 2011,
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 cf the Board's proceedings in the above entitled matter.
SD FR
ROBERT D. 4SALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section Se of
the Procedures of the Board for Correction of Naval Records (32 Code
of Federal Regulations, Section 723.6[e]), and having ensured
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.
Door
. AN
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