DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
16 August 2001
3649-00
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL 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 Naval Reserve
filed enclosure (1) with this Board requesting that his record be
corrected to show that he was assigned an RE-1 reenlistment code
on 16 June 1994, vice the RE-4 reenlistment code now of record.
2.
The Board, consisting of Mr. Milner, Mr. Dunn and Mr.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 14 August 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 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 Naval Reserve on 26 June 1990
rzported for three years of active duty on 17 June 1991. On
and
4 February 1993 he received nonjudicial punishment for
dereliction of duty and was reduced in rate from FA (E-2) to FR
(E-l).
sufficient time remaining to advance to FN (E-3).
He was
released from active duty on 16 June 1994 with his service
He subsequently, was advanced to FA but did not have
characterized as honorable.
for reenlistment and was assigned an RE-4 reenlistment code.
At that time, he was not recommended
d.
Petitioner's record is incomplete in that the enlistment
performance record (page
Form 214 are not filed on his microfiche record.
assumed that he was assigned the RE-4 reenlistment code because
he was still an E-2 after completing an extended period.of active
duty.
9), administrative remarks, and the DD
However, it is
e.
Petitioner was granted a waiver for his reenlistment
code and, on 31 October 1995, he enlisted in the Oregon National
He then served in an excellent manner for several years.
Guard.
On 17 February 1998, he was granted a waiver by the Bureau of
Naval Personnel so that he could reenlist in the Naval Reserve.
He reenlisted in the Naval Reserve on 18 February 1998 in pay
grade E-3.
reenlisted in the National Guard the next day.
He was honorably discharged on 16 July 2000 and
CONCLUSION:
The Board notes that Petitioner has served in an
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
excellent manner in the Naval Reserve and the National Guard
since October 1995 and has been granted waivers of the RE-4
reenlistment code on two occasions.
useful purpose is now served by the RE-4 reenlistment code
assigned on 16 June 1994 and it should now be changed to RE-1.
The Board concludes that no
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 his
reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 16 June 1994 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.
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. ZSALMAN
Recorder
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
~~g!zzz-
Executive Director
3
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