DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 200-99
21 May 1999
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
NAVAL RECORD OF
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149
(2) Case Summary
(3) 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,
changed.
that his reenlistment code
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.
Enclosure (1) was filed in a timely manner.
C .
Petitioner was enlisted in the Navy on 10 April 1997
for four years at age 18.
His record reflects that on 15 April
1997 he was notified that he was being considered for discharge
by reason of defective enlistment and induction due to erroneous
enlistment as evidenced by a pre-service civil record he
disclosed during a "moment of
truth" interview.
The offenses
.
disclosed were shoplifting and assault and battery;
claimed that he told his recruiter of the 1991 juvenile
offenses, but was told not to worry about it.
advised of his procedural rights and waived those rights.
Petitioner was
Petitioner
d.
The discharge authority directed an uncharacterized
entry level separation by reason of erroneous enlistment.
Petitioner was so discharged on 21 April 1997 and assigned an
RE-4 reenlistment code.
e.
Petitioner claims that when he joined the North Dakota
National Guard, no juvenile record was found.
f.
Regulations authorize the assignment of an RE-3E or
RE-4 reenlistment code to individuals discharged by reason of
erroneous enlistment.
individual was separated by reason of erroneous enlistment and
is eligible for reenlistment except for the disqualifying factor
which led to discharge.
individual may not reenlist without prior approval of the
Commander, Naval Personnel Command.
An RE-3E reenlistment code means the
An RE-4 reenlistment code means an
CONCLUSION:
The Board notes Petitioner's apparently told his
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
recruiter of the offenses which led to his discharge, since he
was processed for separation by reason of erroneous enlistment
and not fraudulent enlistment.
The Board also notes that he
apparently enlisted in the North Dakota National Guard after
disclosing the offenses.
The Board believes that if these
juvenile offenses committed eight years ago are no longer
disqualifying when properly disclosed to National Guard
recruiting authorities, he should not have the most restrictive
reenlistment code.
Accordingly, the Board believes that it
would appropriate and just to change the reenlistment code to
RE-3E.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned 21 April 1997, to RE-3E.
2
.
b.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
C .
That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of 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
ALAN E. GOLDSMITH
Acting Recorder
\
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),
Board on behalf of the Secretary of the Navy.
has been approved by the
3
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