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NAVY | BCNR | CY2001 | 04163-01
Original file (04163-01.pdf) Auto-classification: Approved
D E P A R T M E N T  OF T H E   N A V Y  

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TRG 
Docket No:  4163-01 
2 April 2002 

From:  Chairman, Board for Correction of Naval Records 
To : 

Secretary of the Navy 

RECORD OF 

Ref: 

(a) Title 10 U.S.C. 1552 

Encl : 

(1) DD Form 149 w/attachments 
(2) Case Summary 
(3) Subject's naval record 

1.  Pursuant to the provisions of reference (a), Petitioner, an 
enlisted member of the Naval Reserve filed enclosure  (1) with 
this Board requesting that his record be corrected by changing 
the RE-4 reenlistment code assigned on 24 July 2000. 

2.  The Board, consisting of Mr. Harrison, Mr. Pauling and Mr. 
McPartlin, reviewed Petitioner's allegations of error and 
injustice on 26 March 2002 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. 

3.  The Board, having reviewed all the facts of record 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.  Enclosure  (1) was filed in a timely manner. 

c.  Petitioner enlisted in the Navy on 25 July 1996 at age 

20.  On 5 February 1998 he received nonjudicial punishment (NJP) 
for dereliction of duty and received a suspended reduction in 
rate.  An entry on his certificate of personnel security and 
access form of 5 February 1998 states that he was debriefed 
because he had a medical condition which would require permanent 
removal from sea duty, and he had received NJP for classified 
material insecurity.  On 8 April 1998 he reported to the 
Personnel Support Detachment, Mayport, Florida.  In the 
performance evaluation for the period ending 7 July 1999, his 
individual trait average was 3.4 with a "must promote1' 
recommendation.  The evaluation comments state "although working 
out of his rate, he completed all tasks assigned with quality 

results . " 

d.  On 8 July 1998 Petitioner reported aboard the USS 

NORMANDY  (CG  60) for duty.  In the performance evaluation for the 
period ending 7 July 1999, his individual trait average was 3.2 
and he was recommended for promotion and retention in the Navy. 
The evaluation comments state as follows: 

ENTHUSIASTIC AND RELIABLE TEAM PLAYER 

-  Exceptional laundryman.  Independently manages and 
maintains all aspects of laundry facility onboard USS 
NORMANDY. 

-  Excellent work ethic.  Provides the highest quality 
service to NORMANDY crew and embarked detachment. 
Displays genuine concern for positive results. 

-  Dedicated worker.  Contributed several off-duty hours 
getting the job done during stores onload, vending 
operations, ship's tore breakouts, and intensive field 
days while maintaining highest standards of customer 
service. 

SEAMAN-CONSISTENTLY 
SERVICEMAN ARENA.  DISPLAYS A POSITIVE ATTITUDE AND 
CONTRIBUTES SIGNIFICANTLY TO  (THE) DIVISION. 

EXCELS IN THE SHIP ' s 

Petitioner was released from active duty on 24 July 2000 with his 
service characterized as honorable.  At that time he was not 
recommended for reenlistment and was assigned an RE-4 
reenlistment code. 

e.  At that time of Petitioner's release from active duty 
his rating was CTOSN and he had apparently been serving out of 
his rating since 1 April 1998.  The Board is aware that 
regulations allow for the assignment of an RE-3R reenlistment 
code for failure to meet professional growth criteria to 
individual who have not passed an advancement examination for 
petty officer third class.  There is no documentation in the 
record showing that he ever passed an advancement examination and 
it is doubtful that he would be recommended for advancement to 
CT03 since he may not have been qualified to serve in that 
rating.  An RE-3R reenlistment code means an individual is 
recommended for a probationary reenlistment during which they 
must advance to petty officer third class. 

CONCLUSION: 

Upon review and consideration of all the evidence of record the 
Board concludes that Petitioner's request warrants favorable 
action.  The Board notes that Petitioner received NJP for a 
security violation and had other problems which prevented him 
from serving in his rating.  However, the Board also notes that 
he served in an excellent manner from 16 July 1998 until his 
release from active duty on 24 July 2000.  The Board concludes 
that the quality of his service after the NJP was such that a 
change in the RE-4 reenlistment code is warranted. 

The Board notes that there is no evidence that Petitioner ever 
passed an advancement examination which would normally make an 
RE-3R reenlistment code appropriate.  However, given the 
circumstances, especially his fine performance of duty, the Board 
concludes that an RE-1 reenlistment code should be assigned in 
this case as an exception to policy. 

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. 

RECOMMENDAT I ON : 

a.  That Petitioner's naval record be corrected to show that 
on 24 July 2000 he was assigned an RE-1 reenlistment code vice 
the RE-4 reenlistment code now of record. 

b.  That this Report of Proceedings be filed in Petitioner's 
naval record. 

4.  It is certified that a quorum was 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. 

ROBERT D. ZSALMAN 
Recorder 

ALAN  E .  G O L D ~ T ~ T H  - 
Acting Recorder 

5.  Pursuant to the delegation of authority set out in Section 
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 

a u t h o r i t y   of  r e f e r e n c e   ( a )  , h a s   been  approved  by  t h e   Board  on 
behalf of  t h e   S e c r e t a r y   of  t h e   Navy. 



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