DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
WASHINGTON DC 20370-510
RECORD
S
0 TRG
Docket No: 4352-01
16 October 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
filed an application with
1.
former enlisted member of the Navy,
this Board requesting that her record be corrected to show a
better reenlistment code than the RE-4 reenlistment code assigned
on 15 May 1995.
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.
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
it is in the interest of justice to
merits.
Petitioner enlisted in the Navy on 11 April 1994 at age
C.
She successfully completed initial training and reported to
first duty station.
20.
her
period 23 September 1994 to 31 January 1995 she was assigned a
mark of 3.8 in rate knowledge and marks of 4.0 in every other
category.
In the performance evaluation for the
d.
On 25 April 1995, Petitioner requested a hardship
discharge stating, in part, as follows:
.
.
On
30 March 1995, my apartment was broken into and
.
I was sexually, physically, and verbally assaulted.
The assailants threatened they would kill me, and
"if you call the police, we will
specifically stated
come back and kill you."
I
I am unable to go anywhere I
can't sleep at night and am unable to
Description of Hardship:
this area alone and constantly feel in danger for my
life.
concentrate at work.
to perform to Navy standards.
an overnight duty is frightening.
the option of a possible transfer, but I need the
support, comfort and closeness of my family. . . . .
The though of standing
considered-
I don't think I will ever be able
I have
e.
On 27 April 1995 the commanding officer directed that
Petitioner receive an honorable discharge.
"extraordinary circumstances exist to support her request for
discharge on the basis of hardship.
She was honorably discharged by reason of hardship on 15 May
1995.
assigned an RE-4 reenlistment code.
At that time, she was serving in pay grade E-2 and was
He stated that
No other provisions apply."
f.
Petitioner states that since discharge, she has received
counseling that helped her come to terms with what happened and
was able to return to a productive lifestyle.
degree in nursing an would like the opportunity to be
commissioned in the Navy.
She is pursuing a
g-
Regulations allow for the assignment of an RE-4 or an
The regulations also require the assignment of an
RE-3H reenlistment code when an individual is discharged because
of a hardship.
RE-4 reenlistment code when an individual is discharged in pay
The Board
grade E-2 after an extended period of active duty.
notes that 18 months of service is normally required before an
individual can be advanced to pay grade E-3, and Petitioner only
served 13 months and 5 days of active service.
CONCLUSION:
The Board notes that she did not serve long enough to be
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
eligible for advancement to E-3 and therefore, the fact that she
was discharged as an E-2 should not be held against her.
her excellent record and the circumstances which led to her
discharge, the Board concludes that the reenlistment code should
now be changed to the less restrictive RE-3H
Given
.
The Board further concludes that this Report
of Proceedings
2
should be filed in Petitioner's naval record so that
reviewers will understand the reasons for the change
reenlistment code.
all future
in the
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
she was assigned an RE-3H
Form 215 to show that on 15 May 1995,
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
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
&&
ALAN E. GOLDSMITH
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
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
5
.Executive
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