DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No.
14 January
5037-01
2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect,
that his reenlistment code be changed.
The Board, consisting of Messrs. Hogue, Ivins, and McBride
2.
reviewed Petitioner's allegations of error and injustice on
9 January 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
by the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered
The Board, having reviewed all the facts of record
3.
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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Navy on 15 December 1986 for
four years at age 17.
completed 12 years of formal education and attained test scores
At the time of his enlistment, he had
which placed him in Mental Group IV.
Petitioner is a native of Puerto Rico.
The record reflects that
d.
A recruit evaluation report prepared on 23 January 1987
states that Petitioner was enrolled in academic remedial
After twice failing the
training (ART) on 21 December 1986.
Gates-MacGinitis Test and scoring low on another test, it was
determined that he should attend the verbal skills portion of
ART.
three phases of the program.
Petitioner needed to learn English and ART was not designed to
help those with severe language deficiencies.
recommended that Petitioner be academically discharged due to
his English language deficiency.
While in the verbal skills portion, Petitioner failed all
The division officer stated that
It was
e.
On 29 January 1987 Petitioner was notified that
administrative separation was being considered by reason of
entry level performance and conduct as evidenced by repeated
academic failure.
waived those rights.
He did not object to the discharge.
He was advised of his procedural rights and
f.
On 6 February 1987 the discharge authority directed an
uncharacterized entry level separation by reason of entry level
performance and conduct due to repeated academic failure.
Petitioner was so discharged on 12 February 1987 and assigned an
RE-4 reenlistment code.
g.
Regulations require the assignment of an RE-4
reenlistment code to individuals separated by reason of entry
level performance and conduct.
An RE-3E reenlistment code is
authorized for individuals separated by reason of erroneous
An individual may be separated for this reason if
enlistment.
the disqualifying factor would have prevented enlistment had it
been known at that time.
h.
In his application, Petitioner contends that he has now
and has become more proficient
completed two years of college,
in English.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
immaturity, his low test scores, and that he was not a
discipline problem during his short period of service.
In this regard, the Board notes Petitioner's youth and
The
2
Board notes that Petitioner is of Puerto Rican descent and
believes that his language deficiency should have been readily
apparent at the time of his enlistment, and that he never should
The Board believes that
have been enlisted in the first place.
assignment of the most restrictive RE-4 reenlistment code is
unjust since the disqualifying factor in this case, the English
deficiency, does not reflect on his good character and can be,
The Board thus concludes
and apparently has been, overcome.
that Petitioner should not be denied the opportunity of further
service if he no longer has a language deficiency, and it would
be appropriate and just to change the reason for discharge and
reenlistment code to erroneous entry and RE-3E.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
he received an uncharacterized entry level separation on
12 February 1987 by reason of
RE-3E reenlistment code vice
conduct" and the RE-4 reenlistment code now of record.
"erroneous entry (other)" with an
"entry level performance and
b.
That a copy of the Report of Proceedings be file in
Petitioner's 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
c
+& s? i ?$
ALAN E. GOL SMITH
Acting Recorder
; ~__
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive Di
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