DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
2 NAVY ANNE
NAIlAL RECORDS
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 3289-01
5 June 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref: (a)
10
U.S.C. 1552
Encl:
(1)
(2)
DD Form 149
Subject’s naval record
1.
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect: that his naval record be corrected to
show that he was assigned a reenlistment
received on 5 February 1999.
more favorable than the RE-4 he
(RE) code
2. The Board, consisting of Mses. Gilbert and Schnittman and Mr. Bishop, reviewed
Petitioner’s allegations of error and injustice on 17
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material
enclosures, naval records, and applicable statutes, regu!
cc’nsidered by the Board consisted of the
Ma;/ 2001 and, pursuant to its
ations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
C.
Petitioner served in the Navy from 28 December 1998 to 5 February 1999, when he
was discharged for failing to meet
E.S required by governing directives.
instability. He received a reenlistment code of RE-4,
He has presented evidence in support of his application which indicates that condition which
resulted in his discharge has been corrected.
prlocurement medical standards because of shoulder
d.
SECNAVINST 1900.8
provi,des, in effect, that Sailors discharged for failing to meet
procurement medical/physical standards will be assigned an RE-4. Those discharged because
of erroneous enlistment are assigned a code of RE-4 or
RE-3P, in the discretion of the
commanding officer.
CONCLUSION:
Upon review and consideration of all the evidence of rxord, the Board concludes
that Petitioner should have been discharged by reason of erroneous enlistment.
Ijisciplinary infractions during his
no evidence that he had any performance problems or
period of service, the Board concludes that the assignment of the stigmatizing reenlistment
code of RE-4 is unwarranted.
As there is
In view of the foregoing, the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 5 February 1999, he was
assi,zned a reenlistment code of RE-3P in
discharged by reason of erroneous enlistment, and
lieu of the code of RE-4 actually
ass;igned on that date
b. That a copy of this Report of Proceedings be Filed in Petitioner ’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
723.6(c)) it is certified that a quorum was
Records (32 Code of Federal
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.
Regulaltions, Section
ROBERT D. ZSALMAN
Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
of the Board for correction of Naval Records (32
723.6(e)) and having assured compliance with its
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
Code of Federal Regulations, Section
provjsions, it is hereby announced that the
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