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NAVY | BCNR | CY2013 | NR8651 13
Original file (NR8651 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

    

   

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Docket No: 08651-13
9 June 2014

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF FORMER Po

Ref: (a) 10 U.S.C. 1552

Encl: (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 enlisted member of the United States Navy, filed
enclosure (1) with this Board requesting, in effect, that the
RE-4 (non-recommendation for retention) for reentry code issued
on 9 August 2013 be upgraded. By implication, he requested that
his separation code of GKQ (misconduct) and narrative reason for
separation (misconduct - serious offense) be changed.

2. The Board, consisting of Mr. Lippolis, Mr. Rothlein, and Ms.
Montgomery, reviewed Petitioner's allegations of error and
injustice on 4 June 2014 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. Petitioner enlisted on 21 September 1994. He received
three nonjudicial punishments (NJP’s) between 11 April 1996 and
14 February 2012 for the following offenses: wrongfully
communicating a threat to a senior petty officer, failure to
obey an order/regulation on two occasions and assault. On 14
February 2012, he was reduced in pay grade from E-6 to E-5.
Therefore, he was not capable of meeting the professional growth
criteria. He received an honorable characterization of service
with an RE-4 reentry code, GKQ separation code due to misconduct
- serious offense, on 9 August 2013.

b. Petitioner could have been assigned a separation code of
JBK (completion of required active service), narrative reason
for separation of completion of required active service, anda
waivable RE-3R (failure to meet professional growth criteria)
reentry code.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
resolving reasonable doubt in Petitioner’s favor, the Board
concludes that his separation code should be changed from GKQ to
JBK, his narrative reason for separation should be changed from
misconduct - serious offense to completion of required active
duty service, and his RE-4 reentry code should be changed to RE-
3R. Accordingly, his request warrants favorable action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 9 August 2013, he was issued a separation code of “JBK” vice
“GKQ”, that his narrative reason for separation was “completion
of required active service” vice “misconduct - Serious offense),
and that his reentry code was RE-3R vice RE-4.

b. That a copy of this report of proceedings be filed in his
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 J. GEORGE
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))

2
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.

 ReankS Fe

ROBERT D. ZSALMAN
Acting Executive Director

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