DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
ELP
Docket No. 1025-01
28 June 2001
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 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that her reenlistment code be changed.
The Board, consisting of Messrs. Pfeiffer, Ensley, and
2.
Taylor reviewed Petitioner's allegations of error and injustice
on 27 June 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Navy on 4 March 1997 for
four years at age 19. At that time, she extended her enlistment
for an additional period of 24 months in exchange for training
in the Nuclear Field Program and accelerated advancement to pay
grade E-4.
number 2 in a field of 31 from the Nuclear Field
was advanced to MM3 (E-4).
Petitioner completed recruit training, graduated
"A" School, and
d.
On 5 February 1997 Petitioner submitted a request for
administrative separation due to pregnancy.
notified that administrative separation action was being
initiated by reason of convenience of the government due to
pregnancy.
to consult with legal counsel,
case reviewed by the general court-martial convening authority.
She was advised of her procedural rights/declined
and waived the right to have her
Thereafter, she was
e.
Incident to Petitioner's separation, she was
recommended for both advancement and retention.
performance was consistently rated as meeting standards or above
She was honorably discharged by reason of pregnancy
standards.
on 12 November 1997 and assigned an RE-4 reenlistment code.
Her overall
f.
Regulations authorize the assignment of an RE-3B or
RE-4 reenlistment code to individuals discharged by reason of
pregnancy.
separated for pregnancy.
individual is ineligible
from the Commander, Navy Personnel Command.
An RE-4 reenlistment code means the
for reenlistment without prior approval
An RE-3B reenlistment code means the individual was
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 during
action.
Petitioner's short period of active service she had no
disciplinary actions and her overall performance met or exceeded
the applicable standards.
advancement and reenlistment at the time of her discharge, there
appears to be no basis for the assignment of the most restric-
Accordingly the Board concludes
tive RE-4 reenlistment code.
that it would appropriate and just to change her reenlistment
code to RE-3B.
Since she was recommended both for
RECOMMENDATION:
’
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
RE-3B.
assigned on 12 November 1997, to
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
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 reference (a),
Board on behalf of the Secretary of
has been approved by the
the Navy.
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