DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9163-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of the reference, Petitioner, a prior Marine, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect an upgraded reentry code. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on and pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosure, relevant portions of Petitioner’s naval service 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 regulation 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 review the application on its merits. c. Petitioner entered active –duty service in the Marine Corps on His most recent reenlistment was on he was convicted by a civilian court for domestic violence. As a result of the domestic violence conviction, he was not eligible for retention, and his request to reenlist was denied. On he was discharged with an honorable characterization of service at the completion of required active service and assigned an RE-3C (when directed by CMC or when not eligible and disqualifying factor is not covered by another code) reentry code. d. Petitioner submitted a copy of the memorandum opinion from the Intermediate Court of which reversed his conviction due to the prosecution’s failure to introduce sufficient evidence to disprove Petitioner’s legal defense. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board concluded the sole basis for the denial of Petitioner’s reenlistment request was his domestic violence conviction. Relying upon the Court of Appeals’ reversal of the conviction, the Board determined the continued assignment of a RE-3C reentry code was unjust. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to indicate he was assigned an “RE-1A” reentry code on 8 August 2008. No further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board 4. 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. 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.