DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC ;
Docket ‘No: 04962-13
8 April 2014
From: Chaitman, Board for Correction of Naval Records
‘To: Secretary of the Navy
Subj: REVIEW. NAVAL OF RECORD -OF
Ref: (a). 10 U.S.C. 1552
a ; ae
Encl: (1) DD Form 149 with attachments
(2) NDRB rpt dtd 30 Jun 12
(3) HQMC MMER/RE undated memo.
_{4) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, a former enlisted member
of the Marine Corps, filed enclosure (1) with. this Board
requesting, in effect, that his RE-4 (not recommended for
retention} reentry code, issued on 9 February 2001, be changed
to RE-1A (recommended and eligible for retention) and that he be
“reinstated to lance corporal, pay grade E-3. By implication, he
£urther requested to have his separation code of HSG1. {failure
- to participate) changed.
2... The Board, consisting of Mx. CLenmmong, Mr. we, and Ms.
' Henkel, reviewed Petitioner's allegations of error and injustice
on 19 March 2014, 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, and applicable statutes, regulations and policies.
3. ‘The Board, having reviewed all the facts. of record
- pertaining) to Petitioner's allegations of. error and LHJUBSELCE
finds as follows:
a. Before applying to this Board, Petitioner éxhansted all
; administrative remedies which were available under existing law
and regulations within the Department of the Navy.
- b. Petitioner entered the Marine Corps Reserve on 25 March
1997. He received no disciplinary actions during his time of
service. Due to an administrative oversight and breakdown in.
communication within his organization, he was separated with an
under other than honorable characterization (UOTHC) of service
and assigned an RE- 4 reentry code due to failure to participate
on 9 February 2001. Moreover he was administratively reduced
from lance corporal to private. In its report NDRB concluded
that it was evident that Petitioner's reserve command, active-
duty Inspector Instructor staff, and supporting Navy medical
staff did not coordimate matters appropriately among themselves.
This resulted in Petitioner having clear direction not to attend
drill due to being in either a Temporary Not Physically: —
Qualified (TNPQ) status or a Non Physically Qualified (NPQ)
status from his command's medical staff. A waivable RE-3P
(condition, not a disability) could have been assigned.
c. On 30 May 2012, the Naval Discharge Review Board (NDRB)
(enclosure 2) upgraded Petitioner’s characterization of service
to fully honorable and changed his narrative reason for
separation to Secretarial Authority. The NDRB based its
decision on the fact that his medical condition made him unfit
to. attend drill. The NDRB found that he should have received a
type warranted by service record characterization of service.
.d. Enclosure (3) is an unfavorable advisory opinion from
Headquarters Marine Corps recommending that Petitioner’s RE-4
reentry code not be changed. The advisory opinion concludes
that the RE~4 reentry code was correctly assigned at the time
due to. Petitioner's unsatisfactory drill attendance and that he
has failed to provide evidence ‘that . he was not physically
qualified to attend drill.
e.. JPR is the correct separation code for an individual who
is. separated due to Secretarial Authority.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the unfavorable advisory opinion, the Board
concludes that Petitioner‘s request warrants partial favorable
action. The Board disagrees with the advisory and finds that |
Petitioner has provided sufficient evidence to show that he. was
not’ physically qualified to attend drill. However, the Board
_. believes. that he is not eligible for an RE- 1 reentry code in
Light. of his physical condition and that the proper course of
action is to change his reentry code from RE-4 to a waivable
_ RE-3P. . The Board also finds that reinstatement to pay grade E-3
- is warranted. Finally, Petitioner’ S separation code should be
2
Wy
JFF due to NDRB's change of his narrative reason for separation
to Secretarial Authority. In view of the above, the Board
directs the following limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received an RE-3P vice an RE-4 Yeentry code on 9 February
2001, and that he continued to serve ag a lance: corporal pay
grade E-3 until discharged on 9 February 2001.
b. That hig. naval record be further corrected by changing
his separation code from HSG1 to JEFF.
c. That no eurthor! weliee be granted.
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 tthe Board's proceedings’ in the above entitled
matter,
ROBERT D. ZSALMAN -- 7 BRIAN J. GEORGE.
Recorder Acting Recorder
‘ROBERT D. ZSALMAN ©
. Acting Executive Director
Reviewed: and approved:
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‘The Board, having reviewed all the facts. of his physical condition and that the proper course of action is to change his reentry code from RE-4 to a waivable _ RE-3P. naval record be further corrected by changing his separation code from HSG1 to JEFF.
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