DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 165-99
21 May 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW,,OF
NAVAL RECORD 0
Ref:
Encl:
(a)
(1)
(2)
(3)
10 U.S.C.1552
DD Form 149
Case Summary
Subject's naval record
1.
Pursuant to the provisions of reference (a), Petitioner,
former enlisted member of the United States Navy, applied to
this Board requesting, in effect, that his reenlistment code
changed.
a
be
The Board, consisting of Messrs.
2.
Neuschafer, reviewed Petitioner's allegations of error and
injustice on 19 May 1999, and pursuant to its regulations,
determined that the corrective action indicated below should
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Caron, Bishop, and
be
Documentary material
The Board, having reviewed all the facts of record
3.
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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner reenlisted in the Navy on 19 June 1990 for
two years as a ABH3 (E-4).
At the time of his reenlistment, he
completed nearly four years of active service.
enlistment for a period of four months on 19 August 1990.
He extended his
Petitioner had no disciplinary actions during his
d.
Incident to his release from active duty, he was not
service.
recommended for advancement or retention due to his failure to
meet the Navy's body fat standards during two consecutive
performance readiness test/body fat cycles.
released from active duty and transferred to the Navy Reserve on
18 October 1992 and assigned an RE-4 reenlistment Code.
He was
honorably discharged upon completion of his obligated service on
17 June 1994.
He was honorably
e.
Regulations authorize the assignment of an RE-3T
reenlistment code to an individual who is ineligible to reenlist
upon expiration of his enlistment due to failure to meet weight
standards.
An RE-3T reenlistment code means the individual is
eligible for reenlistment except for the disqualifying factor of
being overweight.
officials if the disqualifying factor no longer exists.
reenlistment code means that an individual is not eligible for
reenlistment without the prior approval of Commander, Naval
Personnel Command.
This code may be waived by recruiting
An RE-4
CONCLUSION:
In this regard, the Board notes that Petitioner had no
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
disciplinary action during two enlistments and he was not
recommended for retention only because he exceeded body fat
standards at the expiration of his enlistment.
The Board
believes that assignment of an RE-4 reenlistment code was unduly
harsh and he should not be denied an opportunity to reenlist at
a future date if he currently meets Navy weight standards and is
qualified in all other respects.
would be appropriate and just to change his reenlistment code to
RE-3T.
The Board concludes that it
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 18 October 1992, to
RE-3T.
2
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
It is certified that a quorum was present at the Board's
4 .
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section
5.
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),
Board on behalf of the Secretary of the Navy.
has been approved by the
3
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