DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 2971-14
11 December 2014
JD fen Aa naan
ue
From: Chaititan, Buara ror correc
TO: Secretary of the Navy
Sub}: REVIEW NAVAL RECORD OF eee a USMC,
Ref: fa) 10 T7.8.C. 1552
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hws Ne ae eee ee ee
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 officer of the Marine Corps, filed enclosure (1) with this
Board requesting, in effect, that the “RE-3P” (failure to meet
physical/medical standards) reentry code on his Certificate of
Release or Discharge from the Active Duty (DD Form 214) be
changed to RE-1A (recommended and eligible for reenlistment) .
>, The Board, consisting of Mr. Hedrick, Mr. Sproul and
Ms. Polk, reviewed Petitioner's allegations of error and
injustice on 18 November 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. 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. On 6 January 2006, Petitioner was the subject of a Board
of Inquiry (BOI) for violations of the Uniform Code of Military
Justice. Specifically, larceny, stealing one set of desert
utilities from another officer and conduct unbecoming an eTiieer
by encouraging another officer to lie regarding the missing
utilities. Subsequently, the BOI recommended that he be
separated with an other than honorable (OTH) discharge. On
27 October 2006, the separation authority concurred and directed
an OTH discharge by reason of unacceptable conduct. He was so
discharged on 30 November 2006. At that time, he was assigned
“NA” as a reentry code.
d. On 17 September 2010, the Naval Discharge Review Board
(NDRB) changed his characterization of service: to “HONORABLE” ,
narrative reason for separation to “SECRETARIAL AUTHORITY” and
reentry code to “RE-3P." In this regard, the assigned reentry
code of RE-3P means he was discharged due to failure to meet
physical (medical) standards, which is not supported by his
record. Furthermore, Navy regulations state that officers and
midshipmen are not assigned reentry codes, and to enter “NA” in
block 27 of the DD Form 214 upon being released or discharged
from active duty.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants partial
relief.
The Board concludes that relief in the form of his assigned RE-3P
reentry code be changed to read “NA.” In view of the above, the
Board directs the following partial corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show “NA”
vice “RE-3P"” in block 27 of his DD Form 214. It is also directed
that he be issued a new DD Form 214.
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
d. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 31 December 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.
ree A
T. J.(/REED
RPaconrder
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'NEILL
Executive director
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