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

Docket No: 9025-18  
Ref: Signature Date  

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

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

Encl:  (1) DD Form 149 
       (2) Case summary
 
1. Pursuant to the provisions of reference (a), former enlisted Marine, filed enclosure (1) with this Board requesting correction to his Report of Transfer or Discharge (DD Form 214), Block 15: RE-3P, reenlistment code.  Enclosures (1) through (2) apply. 

2. The Board, consisting of        ,reviewed Petitioner's allegations of error and injustice on 28 January 2019, 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 his naval service records, as well as 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 review the application on its merits.  

    c. Petitioner entered active duty on 14 August 1968. On 3 November 1969, he was awarded the Purple Heart for wounds received in combat on 1 October 1969. On 6 October 1970, he received non-judicial punishment for a period of unauthorized absence (UA). On 20 January 1970, he underwent a medical examination, the examining physician noted there was no medical reason to the Petitioner’s inability to lose weight. The Petitioner was notified of his rights, and his Commanding Officer’s (CO) recommendation for separation due to unsuitability by reason of obesity. The CO documented the Petitioners weight gain on four occasions, from the period beginning on 28 June 1971 to 31 January 1972. All documented measurements exceeded the maximum weight limit. The Petitioner’s received a final proficiency average of 4.5, and conduct average of 4.4.  On 29 February 1972, the Petitioner was discharged Under Honorable Conditions by reason of unsuitability. 

    d. The Petitioner’s DD Form 214 lists RE-3P reentry code.

    e. The Petitioner’s DD Form 214 reflects entitlement to the following awards:

National Defense Service Medal,
Vietnam Service Medal w/1 star,
Vietnam Campaign Medal w/device, 

    f. As part of the review process, BCNR reviewed the Petitioner’s records and discovered the Petitioner’s entitlement to the following awards: 

Purple Heart Medal 
Vietnam MUC (Gallantry Cross Color) 
Meritorious Unit Commendation 
National Defense Service Medal
Vietnam Service Medal with 4 stars
Republic of Vietnam Campaign Medal with device 

CONCLUSION: 

Upon review and consideration of all the evidence of record, with regard to the Petitioner’s request for change to his reentry code, the Board determined the Petitioner was issued the appropriate reentry code, therefore, the Petitioner’s request did not warrant relief. 

Notwithstanding, in light of the errors discovered on the Petitioner’s DD Form 214, the Board determined that Petitioner’s record warrants partial relief to correct the Petitioner’s DD Form 214.  The Board believes that the evidence in the record does not support a general characterization of service and clearly reflects that he should have been issued a DD Form 214 that reflects an honorable characterization of service.  In this regard, the Board concludes that the record should be corrected to appropriately reflect an honorable characterization of service, and the addition of following awards: 

Purple Heart Medal 
Vietnam MUC (Gallantry Cross Color) 
Meritorious Unit Commendation 
Vietnam Service Medal with 4 stars 

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

RECOMMENDATION: 

That Petitioner’s naval record is corrected to show that on 29 February 1972, he was honorably discharged and shall be issued a new Certificate of Release or Discharge from Active Duty (DD from 214), and the addition of the following awards: 

Purple Heart Medal 
Vietnam MUC (Gallantry Cross Color) 
Meritorious Unit Commendation 
Vietnam Service Medal with 4 stars 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 21 November 2017. 

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. 

Executive Director