DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00685-14
25 September 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: {a) 10 U.S.C. 1552
{(b) SECNAVINST 1910.48
Encl: .(1) DD Form 149-with attachments.
(2) HQMC MMSR-2 memo dtd 24Apr12
(3) HOMC MIQ memo dtd 23Junl14
(4) HQOMC MMEA memo dtd 28Ju114
(5) Case summary
(6) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
characterization of service (general) be upgraded to honorable,
that his RE-4 (not recommended for retention) reentry code be
upgraded, and the removal of six page 11’s (Administrative
- Remarks NAMVC 118(11)) from his record.
2. The Board, consisting of Mr. Exnicios, Mr. Green and Mr.
Ruskin, reviewed Petitioner's allegations of error and injustice
on 24 September 2014, and, pursuant to its regulations,
determined that the partial 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 reenlisted in the Marine Corps Reserve on 5
January 2010. He was convicted by a summary court-martial (SCM)
of conspiring to commit larceny of military property valued at.
$8,252, conspiring to commit larceny with a fellow Marine,
failure to obey a lawful general regulation, theft of military
property valued at $8,252 and wrongfully soliciting a fellow
Marine. His sentence is not documented in his record, but he
was authorized to complete his enlistment. He received six page
11 counseling entries in light’ of his SCM conviction in which he
was not recommended for, promotion. He received a general
characterization of service upon his release from active duty
with an RE-4 reentry code on 13 April 2012, wpon his transfer to
the Marine Corps Reserve.
b. Enclosure (2) is an advisory opinion from. the
Headquarters Marine Corps (HQMC) Separation and Retirement
Branch (MMSR-2) recommending that Petitioner’s general
characterization of service be changed to honorable because his
proficiency/conduct mark averages were sufficiently high.
c. Enclosure (3) is an advisory opinion from the HQMC
Manpower Information Assurance, Manpower Information System
Division (MIQ) commenting to the effect that Petitioner’s
request to remove all six page 11 entries has merit because they
‘are not procedurally correct.
ad. Enclosure (4) is an advisory opinion from the HOMC
Enlisted Assignment Branch (MMEA) recommending that Petitioner's
RE-4 reentry code not be changed because his SCM conviction
makes him ineligible for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants partial
favorable action.
The Board concludes that based upon his overall record of
service and the favorable advisory opinion from MMSR-2, that
partial relief in the form of upgrading his general discharge to
honorable is warranted. The Board further concludes that based
oon the favorable recommendation from MIQ, that all six ‘page 11
‘entries be removed. « However, the Board agrees with the
unfavorable recommendation from MMEA that in light of his SCM
conviction, his RE-4 reentry code should not be changed. 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 honorable discharge on 13 April 2012.
b. That Petitioner’s naval record be further corrected by
removing six page 11 entries in which he received counseling and
was not recommended. for promotion dated 1 July 2010, 15
September 2010, 15 December 2010, 15 March 2011, 15 June 2011
and one undated, from his record.
c. That no further relief be granted.
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.
BRIAN J. GEORGE
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.
ROBERT J. O'NETUL
Executive Director
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