DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) DD Form 214 (3) Award Certificate 1. Pursuant to the reference, Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that he was awarded the Navy and Marine Corps Achievement Medal (with combat “C” Device). He also requested that his mailing address be change to his current mailing address, and that RE-3C reentry code be changed so that he may affiliate with the Marine Corps Reserve. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 23 September 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, relevant portions of Petitioner’s naval records, 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 enlisted in the Marine Corps and began a period of active duty on 21 July 2008. Although not found in the record, he stated he was the subject of a nonjudicial punishment (NJP) for creating a false official statement regarding documenting tattoos in his official record. On 7 June 2016, he was counseled concerning making a false official statement, and that it was not in keeping with good order and discipline in the Marine Corps and would not be tolerated. Additionally, it stated that he was held accountable at Battalion level NJP, and that he will reassess himself as a Marine and ensure that he is always in compliance with the orders and regulation that govern the uniformed services. On 8 January 2018, Petitioner was counseled by his commanding officer and understood that he was being assigned a reenlistment code o RE-3C by Headquarters Marine Corps. At that time, he was given the opportunity to submit a statement, and that statement, if submitted, would be filed in his official record. Petitioner choose not to submit a statement. He remained on active duty until he was honorably discharged on 17 February 2018. At that time, he was assigned an RE-3C reentry code. c. Enclosure (3), is a copy of Petitioner’s Navy and Marine Corps Achievement Medal (with combat “C” device). d. Petitioner requests that his reentry code be change to one that will allow him to join the Marine Corps Reserve. He states that he wrote his own Administrative Remarks (Page 11) regarding his tattoo being in compliance with Marine Corps Tattoo Policy, and had his old platoon commander sign it. He acknowledged that it was wrong and that he did not follow the proper chain of command. It appears, that the Petitioner believes this incident led to him receiving an RE-3C reentry code. He assures the Board that he will always continue to be dedicated to his country and the Marine Corps. He attached his Master Brief Sheet, last observed fitness report, and letters of recommendation from his old Battalion Sergeant Major and Battalion Commander from the same command that imposed his NJP, and both strongly recommended that he be meritoriously promoted to the rank of Staff Sergeant. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board concludes that Petitioner’s request warrants partial relief. The Board found that Petitioner is entitled to the Navy and Marine Corps Achievement Medal (with combat “C” device). With regard to changing Petitioner’s reentry code, he was assigned the most favorable reentry code based on his circumstances and narrative reason of non-retention on active duty. The RE-3C reentry code may not prohibit reenlistment, but requires that a waiver be obtained from recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps’ personnel manning goals by determining whether or not an individual meets the standards for reenlistment. If Petitioner desires to reenlist, re-affiliate, or be reinstated in the Marine Corps, he should contact the Marine Corps Recruiting Command via his nearest recruiting facility Regarding Petitioner’s request for an administrative change to have his mailing address updated on his DD Form 214, that request does not require action by this Board. If Petitioner still feels an administrative correction is desired, he may submit his request to the Commandant of the Marine Corps, Records and Performance Branch (MMRP), 2008 Elliot Road, Quantico, VA 22134-5030. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action: That Petitioner’s naval record be corrected to show that he received the Navy and Marine Corps Achievement Medal (with combat “C” device). That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect the correction above. That a copy of this Report of Proceedings be filed in Petitioner’s naval record. That no further relief be granted. That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 12 June 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.