DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5994-14
29 July 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF , USMC,
XXX-XX-
Ref: (a) 10: 0. 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, in effect, the assignment of an
reenlistment code. Enclosures (1) through (3) apply.
2. The Board, consisting of
, reviewed Petitioner's allegations of error and
injustice on 24 June 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.
ES
Docket No: 5994-14
ec. Petitioner enlisted in the Marine Corps and began a
period of active duty on 9 July 1997. On 25 January 2003, while
serving in paygrade E-5, he was honorably discharged by reason
of “disability, severance pay”.
d. Petitioner’s record does not contain the documentation
to support his narrative reason for separation nor does it
reference a recommendation or nonrecommendation for
reenlistment. In this regard, at the time of his discharged
Petitioner was not assigned an reenlistment code. As a result
of the foregoing, Block 27 of Petitioner's Certificate of
Release or Discharge from Active Duty (DD Form 214) reflects an
entry of “N/A” which does not coincide with his narrative reason
for separation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
The Board concludes that, even though Petitioner’s record is
incomplete, the fact that he served without disciplinary
incident and was honorably discharged due to his failure to meet
physical/medical standards (disability), that the record should
be corrected to reflect an appropriate reenlistment code to
coincide with his narrative reason for separation. In this
regard, the Board directs the assignment of an “RE-3P”
reenlistment code.
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 25 January 2003, he was assigned an “RE-3P” reenlistment
code.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
ES
Docket No: 5994-14
ec. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 17 April 2014.
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.
tJ
es)
T. Gs REI
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'NEILL
Executive Director
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