DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORD
BOARD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
T,G
Docket No: 1290-01
17 October 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
ORD OF
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member of the Naval Reserve,
this Board requesting that his record be corrected by changing
the RE-4 reenlistment code issued on 11 December 2001.
filed an application with
The Board, consisting of Mr. Adams, Mr. Pfeiffer and Mr.
2.
Morgan, reviewed Petitioner's allegations of error and injustice
on 10 October 2001 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.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Navy on 12 December 1995 for
four years at age 18 and subsequently extended that enlistment
for 12 months.
over four years and was advanced to CM3 (E-4).
January 2000 he received a counseling entry, which states, in
part, as follows:
Petitioner then served in an excellent manner for
However, on 26
You are being retained in the naval service, however,
the following deficiencies in your performance and/or
conduct are identified:
attended CO's nonjudicial punishment
violation of UCMJ Article 86.
from NMCB FOUR det GTMO on or about 18 October until 28
October 1999. You were awarded a reduction in rate to
On 23 December 1999, you
Unauthorized absence
(NJP) for
E-3 and 45 days restriction and extra duty. . . . .
d.
In the performance evaluation for the period 24 December
(ITA)
1999 to 15 July 2000, Petitioner's individual trait average
was 3.86 and there were laudatory comments.
recommendation was
retention.
evaluation for the period ending 11 December 2000.
commanding officer stated,
as follows:
The promotion
"must promote" and he was recommended for
ITA of 3.86 in his next
The
in the evaluation comments, in part,
He also received an
11 . . . (Petitioner) is an energetic self-starter who
consistently achieves success without supervision.
professional knowledge, character and initiative will
leave a significant void in the command.
He holds my
strongest possible recommendation for advancement to
Petty Officer Third Class and increased responsibility.
His
Petitioner was released from active duty and transferred to the
Naval Reserve on 11 December 2000.
recommended for reenlistment and was assigned an RE-4
reenlistment code.
At that time, he was not
CONCLUSION:
The Board weighed Petitioner's 10 day period of
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
unauthorized absence for which he received NJP and was reduced in
rate against his overall excellent record and especially the last
two performance evaluations he received after the NJP.
believes that the last two excellent evaluations should be
controlling and concludes that the RE-4 reenlistment code should
now be changed to RE-1.
The Board
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 assignment of the
RE-1 reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 11 December 2000 he was assigned an RE-1
reenlistment code vice the RE-4 reenlistment code now of record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
It is certified that a quorum was present at the Board's
2
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
&Q
ALAN E. GOLDSMITH--
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
6(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), has been approved by the Board on
behalf
of the Secretary of the Navy.
.
Lw
./
F
DEAN PFEIFFER
Executive Director
3
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