Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR9167 13
Original file (NR9167 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

 

BC
Docket No: 09167-13

28 June 2014

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

Subj: REVIEW OF NAVAL OF RECORD OF ey

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

Encl: (1) DD Form 149 with attachments
(2) 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, in effect, that his RE-4 (not
recommended for reenlistment) reentry code, issued on 6 July
2006, be changed.

2. The Board, consisting of Mr. Zsalman, Mr. Rothlein, and Ms.
Henkel, reviewed Petitioner's allegations of error and. injustice
on 23 duly 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 entered the Marine Corps on 22 June 1998.
Between 23 February 2000 and 28 November 2003, he received 10
counselings concerning being absent from his appointed place of
duty on three occasions, failure to obey a lawful order and
informing him that he was not recommended for promotion. On 19
November 2004, he received nonjudicial punishment (NJP) for
making a false official statement with intent to deceive. On 21
January 2005, he received NUP for two incidents of being
disrespectful toward a senior non-commissioned officer. On 25
January 2005, he received NUP for being absent from his
appointed place of duty. Between 1 March 2005 and 9 January
2006, he received seven additional counseling’s concerning
failure to take action to ensure that gear needed for an
assessment was properly collected, failure to pay just debts,
failure to muster for physical training and not being
recommended for promotion. On 24 January 2006, he signed a page
11 counseling entry that he would be assigned an RE-1B (eligible
but denied further service by the Commandant of the Marine
Corps) reentry code upon his separation. on 6 duly 2006, he was
separated with an honorable characterization of service and
assigned an RE-4 reentry code.

: %
CONCLUSION: oe

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants favorable
action. The Board notes that he was assigned an RE-4 reentry
code, and believes it was in error.

The Board concludes that based upon him being informed that he
was going to receive an RE-1B reentry code, that relief in the
form of changing his RE#-4 reentry code to an RE-1B is warranted.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
he received an RE-1B vice an RE-4 reentry code on 6 July 2006.

b. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.

c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval 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. GEOR
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))}
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.

TSS Le
ROBERT D. Z2SALMAN
Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2008 | 05597-08

    Original file (05597-08.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 5597-08 7 August 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD Oni ie... Ref: (a) 10 U.S.C. 1552 ' (b) MARCORSEPMAN MCO P1900.16F USMC, 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...

  • NAVY | BCNR | CY2014 | NR0250 14

    Original file (NR0250 14.pdf) Auto-classification: Approved

    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 his RE-4B reentry code, issued on 30 August 2003, be changed and that he be promoted to corporal. The Board, consisting of Mr. Zsalman, and Mr. Lippolis, and Mr. Ivins, reviewed Petitioner's allegations of error and injustice on 5 March 2024, and, pursuant to its regulations, determined that the partial corrective action...

  • NAVY | BCNR | CY2007 | 11095-07

    Original file (11095-07.pdf) Auto-classification: Approved

    The DD Form 214 also reflects an RE-3P reenlistment code. As such, the Board concludes that an RE-1B reenlistment code, which is also authorized by regulatory guidance for a Marine who was not recommended for retention, but was otherwise recommended for reenlistment at the completion of his obligated service, is more appropriate for Petitioner's Situation. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records...

  • NAVY | BCNR | CY2010 | 00973-10

    Original file (00973-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his RE-4 (not recommended for retention) reentry code. The Board, consisting of Mr. yy mr. ae =: Mr. hess reviewed Petitioner's allegations of error and injustice on 2 November 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Pursuant to...

  • NAVY | BCNR | CY2008 | 12321-08

    Original file (12321-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps, applied to this Board requesting an RE-1 reenlistment code vice the RE-4 that was issued on 18 November 2007, when he was honorably released from active duty. d. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps, which states, in part, as follows: ... [Petitioner's] service record has been reviewed and it has been determined that at the time of separation he was...

  • NAVY | BCNR | CY2014 | NR409 14

    Original file (NR409 14.pdf) Auto-classification: Approved

    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 his RE-4 {not recommended for retention) reentry code, issued on 28 December 2005, be changed. The Board, consisting of Mr. Zsalman, Mr. Boyd, and Ms. Countryman, reviewed Petitioner's allegations of error and injustice on 25 June 2014, and, pursuant to its regulations, determined that the corrective action indicated below...

  • NAVY | BCNR | CY2008 | 03051-08

    Original file (03051-08.pdf) Auto-classification: Approved

    __> DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 3051-08 2 October 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF

  • NAVY | BCNR | CY2007 | 09893-07

    Original file (09893-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, applied to this Board requesting removal of the nonjudicial punishment (NJP) that he had on 8 November 2006, and the adverse fitness report that resulted from the NUP. g. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps, Military Law Branch of the Judge Advocate Division, regarding the removal of Petitioner's NIP that was administered on 8 November 2006, which states, in...

  • NAVY | BCNR | CY2007 | 05733-07

    Original file (05733-07.pdf) Auto-classification: Approved

    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 | CY2013 | NR1415 13

    Original file (NR1415 13.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Clemmons, Spain and Vogt, reviewed Petitioner's allegations of error ana injustice on 15 May 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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 Regulations, Section 723.6{(e)) and having assured compliance with...