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NAVY | BCNR | CY1999 | 05384-09
Original file (05384-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 05384-09
26 April 2010

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 

Subj: REVIEW OF NAVAL RECORD OF}

 

Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, filed enclosure
(L) with this Board requesting, in effect, that his RE-4
reenlistment code be changed from RE-4 to RE-3F on 17 August
2006.

  
 

 

 
 

2. The Board, consisting of Messrs . ee ARE and
Ms. @QURMMMMexeviewed Petitioner's allegations of error and
injustice on 7 April 2010 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, naval
records, and 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 Navy on 21 August 1995, and
served without disciplinary incident. However, Petitioner failed
the physical readiness test (PRT) three times within a four year
period and was processed for an administrative separation. He
did not object to his separation and received severance pay as a
result of 11 years of service. Therefore, on 17 August 2006, he
was separated at the end of his obligated service with an
honorable discharge and an RE-4 reenlistment code due to his PRT
failures. However, Petitioner claims that his RE-4 reenlistment
code was erroneous and should have been RE-3F (failed the PFA).

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that since he was separated due to
his PRT failures, the correct reenlistment code should have been
RE-3F vice RE-4. Additionally, the Board noted that Petitioner
did not have any disciplinary issues and his work performance was
outstanding based on his evaluations. Therefore, the Board
concludes that his RE-4 reenlistment code should be changed to
RE-3F, and his separation code should be changed from JGH to JBK,

In view of the above, the Board recommends the following
corrective action.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that he
received an RE-3F on 17 August 2006 vice an RE-4 reenlistment
code now of record.

b. That Petitioner’s separation code be changed to JBK vice
JGH.

c. 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.

d. 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 reference being made a
part of Petitioner’s naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32) Code of Federal
Regulations, Section 723.6(c)) 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.

Qron)}) Droapr
ROBERT D. ZSALMAN BRIAN J GHORGE
Recorder 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 Regulation, 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.

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