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NAVY | BCNR | CY2014 | NR3174 14
Original file (NR3174 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BUAKD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG

Tarkat No- 2174-14

19 November 2014

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

i Ls occ,

REVIEW OF NAVAL RECORD

Ref: (aj) Witlée 10 U.8.€. 1552

Fncl: (1) DD Form 149 dtd 3 Jan 14 w/attachments

1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, to change his reentry code of RE-4 (not recommended for
retention), which was issued on 19 August 2008.

2. The Board, consisting of Messrs. Bey and Koman and Ms.
Countryman, reviewed allegations of error and injustice on 19
November 2014, and pursuant to its regulations, determined that
relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.

b. Petitioner originally enlisted in the Marine Corps
Reserve and entered a period of active duty on 31 October 2005.
He was released from active duty on 30 March 2006 at the
completion of his Initial Active Duty for Training. On 3
December 2007, he enlisted in the Navy Reserve. oOn 7 December

2007, he was counselled regarding being in a Class III (non-
deployable) dental status and warned that unless he corrected

his dental issues, he was subject to administrative separation.
He was not the subject of any disciplinary action. He failed to
correct his dental issues. He was then recommended for
administrative separation due to unsatisfactory participation.
On 27 August 2008, he was discharged with a general
characterization of service due to unsatisfactory participation
and assigned an RE-4 reentry code.

c. On 12 December 2012, the Naval Discharge Review Board
(NDRB) upgraded Petitioner’s characterization of service to
honorable and changed his narrative reason for separation to
Secretarial Authority. The NDRB made these changes based on the
fact that he was not the subject of any disciplinary action, but

was merely in a Class III dental status.

 

d. Petitioner could have been assigned a waivable RE-3G
(condition, not a disability, interfering with performance of
duty) reentry code.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
particularly in light of NDRB’s changes, the Board finds the
existence of an injustice warranting a change of Petitioner's
reentry code. The Board believes an RE-4 reentry code is not
appropriate in this case due to his exemplary service record.
The Board believes the RE-3G reentry code would have been the
appropriate code in this case. In view of the above, the Board
directs the following corrective action.

RECOMMENDATION:

 

a: That Petitioner’s naval record be corrected to show that
on 27 August 2008, he was issued an RE-3G reentry code vice the
RE-4 now of record.

 

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.

ec. 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 ina
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.

a

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 Regulations, 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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