DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
TRG
Docket No: 480-01
25 October 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
.Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that his record be corrected to
show a better reenlistment code than the RE-4 code assigned on 16
August 1996.
:
The Board, consisting of Mr. Pauling, Mr. Taylor and Ms.
2.
Gilbert, reviewed Petitioner's allegations of error and injustice
on 23 October 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be-taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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 was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner enlisted in the Navy on 20 April 1992 at age
C .
There is nothing in the record concerning the quality of his
24.
service or the circumstances leading to this discharge.
The
record shows that he was honorably discharged on 16 August 1996
by reason of parenthood.
reenlistment code.
At that time, he was assigned an RE-4
d.
In support of his request, Petitioner has submitted a
copy of a commendation which states that he was selected as the
junior sailor of the quarter for his excellent performance during
the period April to June 1994.
He has also submitted a copy of
the performance evaluation for the period 23 November 1995 to 15
The evaluation shows an individual trait average of.
June 1996.
4.0, the promotion recommendation was
The comments state that
recommended for retention in the Navy.
he is an excellent sonar technician who seeks responsibility and
As indicated, he was discharged two months after
takes charge.
the ending date of the evaluation.
"mctst promote" and he
was@>
e.
Regulations require the assignment of an RE-3B or an
4 reenlistment code when an individual is discharged due to
parenthood.
is recommended for reenlistment except for the disqualifying
factor of parenthood.
An RE-3B reenlistment code means that the individual
RE-
CONCLUSION:
The Board notes the absence of any documentation in the
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
record to support the assignment of the RE-4 reenlistment code.
The Board further notes that documentation submitted by
Petitioner certainly shows excellent performance of duty.
the performance evaluation ends within 90 days of his discharge,
the Board believes that it should be controlling on the issue of
Therefore, the Board concludes that he
the reenlistment code.
should now be assigned an RE-3B reenlistment code, the least
restrictive code authorized for his reason for discharge.
Since
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the
reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 16 August 1996 he was assigned an RE-3B
reenlistment code vice the RE-4 code now of record.
That this Report of Proceedings be filed in Petitioner's
b.
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
2
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
ALAN E. GOLDSMITH
Acting Recorder
-
5.
Pursuant to the delegation of
6(e) of the revised Procedures of
Naval Records (32 Code of Federal
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.
authority set out in Section
the Board for Correction of
Regulations, Section 723.6(e))
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