DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1346-18 APR O9 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 (b) MCO Pl900.16F w/Ch. 2 Encl: (1) DD Form 149 (2) Administrative Remarks (Page 11) counseling entry dtd 19 Sep 13 1. Pursuant to the provisions ofreference (a) Petitioner, an enlisted Marine, filed enclosure (1) with this Board requesting removal ofan Administrative Remarks (Page 11) counseling entry from his official military personnel file (OMPF). 2. The Board, consisting of reviewed Petitioner's contentions and allegations of error and injustice on 13 March 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, relevant portions of Petitioner's naval record and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. b. Per reference (b), the Marine Corps Separation and Retirement Manual, an RE-30 reentry code is assigned when an individual refuses to extend or reenlist to obtain the obligated service necessary to carry out permanent change ofstation (PCS) orders or deploy under the unit deployment program (UDP). This code may only be assigned when directed by the Commandant ofthe Marine Corps, and individuals assigned this code are not eligible for reenlistment. c. On 19 September 2013, Petitioner received a Page 11 counseling which stated that he may receive a reenlistment eligibility code ofRE-30 upon separation due to having refused to extend or reenlist to obtain the obligated service necessary to carry out PCS or UDP. See enclosure (2). Records indicate that Petitioner was not in receipt ofPCS orders when the Page 11 was issued, and with an end of active service date of 17 July 2015, Petitioner had the obligated service to deploy, which contradicts the conunents within the Page 11 entry. Petitioner reenlisted on 14 August 2014, after the Page 11 was issued. d. Petitioner contended that he was erroneously issued the Page 11 because Headquarters, Marine Corps (HQMC) did not officially assign the RE-30 code. He argued that he reenlisted after the Page 11 was issued, and carried out all orders as directed. He further contended that the Page 11 adversely affected his promotion opportunities. CONCLUSION Upon review and consideration ofall the evidence of record, and in light ofthe enclosures and references, the Board concluded that Petitioner's request warrants relief. Specifically, there is no evidence that HQMC officially assigned Petitioner an RE-30 code. Further, the Board determined that Petitioner had the obligated service to deploy, which contradicts the conunents within the page 11, and there is no evidence that he was in receipt of PCS orders at the time the Page 11 was issued. Finally, the Board noted that Petitioner was authorized to reenlist after the Page 11 was issued. The Board concluded that Petitioner's Page 11 counseling entry shall be removed from his OMPF. RECOMMENDATION In view ofthe above, the Board directs the following corrective action. Petitioner's Page 11 counseling entry dated 19 September 2013, be removed from his OMPF. See enclosure (2) 4. It is certified that 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 ofauthority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal Regulations, Section723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director