DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NA\
‘AL RECORDS
2
WASHING
I4AVY ANNEX
TON DC 20370.5100
ELP
Docket No. 380-01
7 June 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
1.
Pursuant to the provisions of
ref'erence (a), Petitioner, a
former enlisted member of the United
this Board requesting, in effect,
changed.
S'tates Navy, applied to
that. his reenlistment code be
?lessrs.
Iunn, Carlsen, and Beckett
The Board, consisting of
2.
reviewed Petitioner's allegations of error and injustice on
6 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
by the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered
The Board, having reviewed all
3.
pertaining to Petitioner's allegations
finds as follows:
the' facts of record
of error and injustice
a.
Before applying to this Board.,
Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Departnent of the Navy.
b.
Petitioner's application to the Board was filed in a
timely manner.
C .
Petitioner
reenlisteld in the Navy on 15 November 1994
for three years as a BU3 (E-4).
reenlistment, he had
completeId nearly five years of prior active
At the time of his
service.
of 14 months and was advanced to BU2
Petitioner twice extended his enlistment for a total
I:E-5) on 16 December 1997.
d.
Petitioner was
assic,ned an aciverse mark of 1.0 in the
cln the Evaluation Report and
trait of "military bearing"
Counseling Record for the period ending 11 January 1999.
evaluation noted that Petitioner had failed to meet body fat
standards on his physical
four year period, and was not; recommended for retention. On
13 January 1999, Petitioner
of weight control failure
code.
active service and his overall performance was consistently
rated as "meets standards."
and assigned an RE-4 reenlistment
was honorably discharged by reason
disciplinarlr actions in more than nine years of
rez.diness test for the third time in a
He had no
The
e.
Regulations authorize the assignment of an RE-3T or
RE-4 reenlistment code to individuals discharged by reason of
weight control failure.
the individual is recommended for reenlistment except for the
disqualifying factor of failure to meet weight standards. An
RE-4 reenlistment code means an individual is ineligible for
reenlistment without prior approval from the Commander, Navy
Personnel Command.
RE-3T reenlistment code means that
An
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
In this regard, the Board notes that Petitioner had no
action.
disciplinary actions in more than nine years of active service,
his performance was consistently rated as meeting standards, and
he was not recommended for retention only because he failed to
meet weight control
assignment of the most
unduly harsh and he should not be denied an opportunity reenlist
at a future date if he can meet Navy weight standards and is
qualified in all other
concludes that it would be
reenlistment code to RE-3T.
restr.ictive RE-4 reenlistment code was
al?propriate and just to change his
The Board believes that
Accordingly, the Board
standard,j.
respelcts.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by chang-
ing the RE-4 reenlistment
RE-3T.
colde, assigned on 13 January 1999, to
2
b.
That any material
or entries inconsistent with or
relating to the Board's
completely expunged from Petitioner's record and that no such
entries or material be added to the
recommendatio:? be corrected, removed or
rlacord in the future.
C .
That any material directed
t'o 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.
4: It is certified that a quorum was present at the Board's
review and deliberations, and that tha
foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Ly
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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
Board on behalf of the Secretary of the Navy.
referlance (a), has been approved by the
3
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