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

Docket No: 10455-18                                                         
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 w/ attachments
       (2) BCNR docket NR20170010340 ltr JDR dtd 9 Apr 18
       (3) Administrative remarks (Page 11) entry of 11 Sep 18 

1.  Pursuant to the reference, Petitioner, a former enlisted Marine, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting removal of an Administrative Remarks (Page 11) counseling entry and a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect a change to his reentry code. 

2.  The Board, consisting of                                                                             , reviewed Petitioner’s allegations of error and injustice on 6 February 2020, 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 enclosures, relevant portions of his naval service records, and applicable statutes, regulations, 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.  In previous action taken by the Board as detailed in enclosure (2), two Page 11 entries dated 24 August 2017 (counseling) and 31 August 2017 (Petitioner’s rebuttal to counseling) were removed from Petitioner’s Official Military Personnel File (OMPF).  Additionally, the Board concluded there was no material evidence in Petitioner’s OMPF to justify the assignment of an RE-4 (not recommended for reenlistment) reentry code. 

    c.  On 11 September 2018, Petitioner received a Page 11 entry notifying him that he was denied further service, assigned “AX draw case code”, and would be assigned a RE-4 reentry code.  The Page 11 entry did not state the reason for the assignment of the RE-4 reentry code, as required.  See enclosure (3). 

   d.  Petitioner contends enclosure (3) is a reissued Page 11 entry after the Board removed the previous Page 11 entries.  He further contends it is an unjust reentry code because he completed his military service “with no adverse fitness reports or derogatory material” in his record.  Petitioner contends enclosure (3) should be removed from his OMPF and his RE-4 reentry code should be changed to a RE-1A (recommended and eligible) reentry code. 

CONCLUSION:  

Upon review and consideration of the evidence of record, the Board determined Petitioner’s request warrants partial relief by removing the Page 11 entry dated 11 September 2018 and changing his reentry code to a RE-1J, vice the requested RE-1A.  The Board, concurring with the previous Board’s determination that Petitioner’s OMPF does not contain material evidence to justify the assignment of an RE-4 reentry code, noted that a reason was not provided on the September 2018 Page 11 entry justifying the assignment of a RE-4 reentry code, nor had derogatory material been added to Petitioner’s OMPF since his 2017 submission to the Board.  Thus, the Board concluded enclosure (3) should be removed from Petitioner’s OMPF and his reentry code should be corrected to RE-1J. 

RECOMMENDATION: 

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

That Petitioner’s naval record be corrected by removing the Page 11 entry dated 11 September 2018 from his OMPF.  See enclosure (3). 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD form 214) indicating his reentry code as “RE-1J.” 

That no further changes be made to Petitioner’s record. 

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

That upon request, the VA be informed that Petitioner’s application was received by the Board on 5 October 2019. 

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. 


3/3/2020