D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3266-99
2 September 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 September 1999. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 5 January 1993
at age 18. On 20 June 1994 you were honorably separated by
reason of pregnancy or childbirth. At that time you were
assigned a reenlistment code of RE-3B.
The Board noted that an RE-3B reenlistment code is the most
favorable reenlistment code authorized by regulatory guidance for
individuals discharged due to pregnancy or childbirth. It means
that you may not reenlist in the Navy without obtaining a waiver
from recruiting officials. The Board thus concluded that there
is no error or injustice in your reenlistment code. Accordingly,
your application has been denied. The names and votes of che
members of the panel will be furnished upon request.
The Board noted your contention that your reenlistment code is
preventing you from receiving benefits administered by the
Department of Veterans Affairs (DVA). However, an individual's
reenlistment code has no impact on eligibility for DVA benefits.
In this regard, it appears that you do not have sufficient
service to qualify for benefits. However, you should contact
your local DVA office for definitive guidance on eligibility for
benefits.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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On 16 October 1995 you were honorably released from active duty, transferred to the Naval Reserve, and assigned an RE-4 reenlistment code. You did not provide the second page You were not An RE-3B means the individual was discharged for Regulations authorize the assignment of an RE-3B or RE-4 reenlistment code to individuals separated by reason of pregnancy. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
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