Docket No: 3083-18 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX , USMC Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Subject’s naval record (excerpts) 1. Pursuant to the provisions of the reference, Petitioner, a former Marine Corps staff noncommissioned officer, filed enclosure (1) with this Board, requesting that her RE-4 (ineligible) reentry code be changed to RE-1A (eligible) on her Certificate of Release or Discharge from Active Duty (DD Form 214). She alleges that she was forced out of the Marine Corps and given an RE-4 reentry code, rendering her ineligible to reenlist, because she blew the whistle on a corrupt chain of command and civil service employee. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 19 August 2019 and. pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, including relevant portions of Petitioner’s 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 regulation within the Department of the Navy. b. Petitioner enlisted in the Marine Corps and began a period of active-duty service on 23 July 2001. On 21 August 2003, she was counseled for insubordination toward a staff noncommissioned officer (SNCO) and for disobeying a direct order from a SNCO. On 6 July 2005, she separated from active duty with an honorable characterization of service at her End of Active Obligated Service (EAOS), but she reenlisted on 23 January 2007. On 21 December 2010, she extended her enlistment to 23 January 2011. c. On 26 June 2015, a supply officer reported to Petitioner’s commanding officer (CO) that, on 22 May 15, Petitioner complained about previous supply personnel, spoke about sexual abuse as a child, belittled a gunnery sergeant’s purchasing procedures, and threatened the supply officer’s family. The supply officer reported her behavior to the sergeant major and executive officer. According to the supply officer, on 2 June 2015, Petitioner said she would use her “Asian Persuasion” to get what she wants, because all Marines stationed on Okinawa fantasized about Asian women, and, on 5 June 2015, Petitioner berated a vendor who later refused to do business with her as a command representative. On 8 June 2015, Petitioner ranted about her duties. The supply officer requested mediation for hostile work environment. On 13 July 2015, an Assist Visit noted multiple discrepancies, some of which involved Petitioner purchasing auto parts and incomplete records as to which vehicles required parts. d. On 29 September 2015, Petitioner received a non-punitive letter of caution for false official statements and not following directions during a period of temporary additional duty (TAD). On 24 February 2016, her command referred Petitioner to the Army Substance Abuse Program (ASAP), due to concerns about her drinking. Petitioner was diagnosed with moderate alcohol use disorder, and she completed outpatient therapy. On 9 March 2016, Petitioner was diagnosed with depressive disorder for suicidal ideations and bulimia nervosa. Petitioner referred to two sexual assaults, one pre-service and one at a previous command. e. On 23 March 2016, Petitioner was counseled for continuing demeanor and performance deficiencies. She was not recommended for promotion to gunnery sergeant and was advised that she would be processed for administrative separation. On 25 May 2016, her CO notified Petitioner of her administrative separation processing by reason of convenience of the government due to condition not a disability as a result of her diagnosis of depressive disorder. Petitioner waived her rights to counsel and a hearing before an administrative discharge board. On 31 May 2016, the separation authority directed that Petitioner be discharged with an honorable characterization of service due to a condition, not a disability. She was honorably discharged on 6 June 2016 with an RE-4 reentry code. On 23 November 2016, an Inspector General Marine Corps (IGMC) investigation substantiated Petitioner’s complaints of whistleblower reprisal, and fraud, waste, and abuse. The report substantiated claims of improper Government Purchase Card use and poor command culture. As a result, the civilian supply officer resigned. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. The Board’s decision is based on Petitioner’s contention that she suffered from retaliation for her protected communications. The Board weighed the Petitioner’s misconduct against the findings of the Inspector General Marine Corps. The Board concluded that the RE-4 reentry code was improper, based upon the IGMC investigation’s findings of retaliation. However, the Board found that Petitioner’s misconduct did not warrant an RE-1 reentry code. The Board thus concluded that an RE-3P was most appropriate, considering the circumstances of Petitioner’s misconduct and the substantiated findings of retaliation. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. Petitioner’s naval record be corrected to show that she received an RE-3P reentry code on 6 June 2016. Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. A copy of this Report of Proceedings be filed in Petitioner’s naval record. No further relief be granted. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 10 April 2018. 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. 12/9/2019 Executive Director