DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
: JDR
_ Docket No: 2256-14
26 March 2015
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: REVIEW NAVAL RECORD of (Ty
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 Marine Corps, filed enclosure (1)
with this Board requesting change of his RE-4 reentry code.
2. The Board, consisting of (ay and gay
a. reviewed Petitioner's allegations of error and injustice
on 16 March 2015, 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. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps, began a period
of active duty on 16 August 2005, and served honorably until his
discharge on 2 November 2007. At that time, he was assigned an
RE-4 reentry code.
JDR
Docket No: 2256-14
d. On 20 March 2009, the Naval Discharge Review Board
(NDRB) found the discharge was improper and not equitable. In
this regard, the NDRB determined that relief was warranted and
upgraded his discharge and changed his narrative reason for
discharge based on his record of service. As such, Petitioner’s
discharge, narrative reason, and separation code were corrected
to “honorable,” “secretarial. authority,” and “JFF1" 0 0 0.2...
respectively.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. The
Board concurred with the NDRBs determination that relief was
warranted, and as such, his request for an upgrade of his ©
discharge and narrative reason for discharge, and separation
code were corrected. In this regard, based upon review of his
corrected record, relief in the form of his reentry code should
be changed to RE-3G. In view of the foregoing, the Board
directs the following corrective action.
: RECOMMENDATION: i
a. That Petitioner’s naval record be corrected to show that
on 2 November 2007, he received an “RE-3G" reentry code vice
RE-4.
b. That a copy of this report of proceedings be filed in
Petitioner's naval record. |
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 17 November 2013.
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.
fp
T. . REED
Recorder
JDR .
Docket No: 2256-14
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. ,
BER , OF
Executive director
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