DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2248-20  
Ref: Signature Date  

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

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 

1.  Pursuant to the reference, Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to change his narrative reason for separation, separation code, and reentry code. Petitioner case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 

2.  The Board, consisting of                                                              , reviewed Petitioner’s allegations of error and injustice on      23 April 2020, 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, relevant portions of the 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.  Petitioner entered active duty with the Marine Corps on 1 December 1976.  According to a 28 July 1978 investigation, Petitioner was enlisted in the Marine Corps despite being a parolee; a non-waiverable defect for enlistment in the Marine Corps. 

     c.  Petitioner served without incident until April 1978 when he left his unit without authorization for a period of approximately 16 days.  Upon his return, he again left his unit without authorization in June 1978 for approximately three days.  Based on his record, it appears these periods of unauthorized absence were in response to a denial of Petitioner’s humanitarian transfer request to be closer to his mother.  Petitioner was subsequently recommended for a court-martial and submitted a request to be discharged based on a lack of jurisdiction.  He argued that his military recruiter knowingly enlisted him despite his parolee status.  While the aforementioned investigation could not establish recruiter misconduct, it recommended Petitioner be discharged due to lack of jurisdiction to prosecute him under the Uniform Code of Military Justice.  Petitioner was subsequently discharged for his misconduct and assigned a General characterization of service with a RE-4 reentry code. 

     d.  On 17 April 2019, this Board recommended Petitioner’s characterization of service be upgraded to Honorable.  This recommendation was eventually approved by Assistant General Counsel, Manpower and Reserve Affairs acting for the Secretary of the Navy.

     e.  Petitioner argues that his narrative reason for separation, separation code, and reentry code should also be changed since he did not fraudulently enlist and committed misconduct to visit his hospitalized family member.  He also asserts that his conduct and performance traits were 4.1 during his period of active duty. 


CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  Specifically, the Board determined that Petitioner’s narrative reason for separation and separation code should be changed to Secretarial Authority and JFF.  In their opinion, Petitioner’s upgraded characterization of service is inconsistent with his current narrative reason for separation and separation code.  Additionally, the Board considered the mitigation evidence involving his conduct and performance trait averages as well as his stated reasons for committing misconduct.  However, despite their decision to change Petitioner’s narrative reason for separation and separation code, the Board determined his reentry code should remain unchanged.  In their opinion, Petitioner’s assigned reentry code was supported by his misconduct while on active duty and his ineligibility to enlist based on his parolee status. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing Petitioner’s narrative reason for separation to Secretarial Authority and his separation code to JFF.  No other change is required.  Petitioner will be issued a new DD Form 214 reflecting the changes to his record. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

5/1/2020