Docket No: 9326-19
Ref:   Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER ,     USMC,  
 
Ref:  (a) 10 U.S.C. §1552 
      (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 
 
Encl: (1) DD Form 149 with attachments 
      (2) Case Summary   
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former Staff Sergeant in the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting a change his reentry/reenlistment code.  Enclosures (1) and (2) apply.   
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 25 September 2020, 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, 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. The Petitioner initially enlisted in the Marine Corps on 12 May 2008 and began a period of active service on 25 October 2008.  The Petitioner’s last enlistment extension was signed on 20 March 2017.  On the Petitioner’s fitness reports for the periods ending 9 October 2018, 31 December 2018, and 31 May 2019, Petitioner was recommended for both promotion and retention.   

c. On 29 June 2015, Petitioner received non-judicial punishment for violating a military protection order.  On 3 July 2019, the Petitioner went to a Special Court-Martial for four different UCMJ offenses but was acquitted of all charges and specifications.   

d. On or about 10 July 2019, Petitioner routed a Reenlistment Extension Lateral Move (RELM) Request to his Commanding Officer (CO) to further extend his enlistment.  Each and every member of Petitioner’s chain of command favorably endorsed his RELM request.  However, on 31 July 2019, Petitioner’s CO did not recommend his reenlistment extension despite expressly stating that Petitioner met all reenlistment prerequisites.  The CO stated after observing him for over a year that he had lost all trust and confidence in Petitioner and didn’t believe he should be leading Marines.   
 
e. On 16 September 2019, Petitioner was issued a “Page 11” counseling sheet informing him he was “not recommended for reenlistment because of denial for further service from HQMC.”  On 17 September 2019, at the completion of his active obligated service, the Petitioner was discharged with an Honorable characterization of service and assigned a reentry code of RE-4.  Petitioner’s final proficiency/       uct trait averages during this enlistment were 4.8 and 4.8, respectively.  Marine Corps regulations in place at the time of Petitioner’s discharge required a minimum trait average of 3.0 in proficiency and 4.0 in conduct to qualify for a fully honorable characterization of service. 
 
f. Petitioner contended that his RE-4 reentry code was unjust and argued that his CO continued to hold the charges he was acquitted of against him.  Petitioner contended that the CO had no direct oversight over his performance and duties, and that the CO’s adverse decision was in direct conflict with Petitioner’s entire chain of command who worked with him on a daily basis, as well as the retention/    promotion recommendations on his last three fitness reports. 

CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request merits relief, given the totality of his circumstances.  Additionally, the Board reviewed his application under the guidance provided in reference (b).  Specifically, the Board considered whether his application was the type that was intended to be covered by this policy.  
 
The purpose of the Under Secretary of Defense Memorandum (reference (b)), is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The memorandum noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited as a result of such convictions,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  
 
The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was unjust and creates an unnecessary negative inference.  With that being determined, the Board concluded that no useful purpose is served by assigning him an RE-4 reentry code, especially in light of the Petitioner’s nearly eleven years of honest and faithful service.  
 
Accordingly, the Board granted the specific relief as requested by Petitioner, namely to change his reentry code.  The Board concluded after reviewing the record holistically, and given the totality of the circumstances and purely as a matter of clemency, that the reentry code should change to “RE-1A.”   
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
That Petitioner’s reentry/reenlistment code be changed to “RE-1A” on his DD Form 214 with a discharge effective date of 17 September 2019.  
 
That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 
 
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 26 September 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.