DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OFNAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
ELP
0 Docket No:
5048-01
30 November 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
RD OF
Ref:
Encl:
(a) Title 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.
enlisted member of the Naval Reserve,
Board requesting that his reenlistment code be changed.
applied to his Board this
The Board, consisting of Messrs. Pfeiffer, Brezna, and
2.
Swarens reviewed Petitioner's allegations of error and injustice
on 28 November 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 merits.
it is in the interest of justice to
C .
Petitioner enlisted in the Naval Reserve on 12 August
1988 for eight years.
October 1988 for a period of 36 months.
He was ordered to active duty on 25
d.
The record reflects that was advanced to AOAN (E-3) and,
despite a marginal performance evaluation, was recommended for
advancement to
A03 (E-4) on 31 August 1990.
e.
punishment
On 11 October 1990, Petitioner received nonjudicial
(NJP) for failure to obey a lawful order and
disrespect.
Punishment imposed was a suspended reduction in rate
to SA (E-2), a forfeiture of $420, and 7 days of restriction and
extra duty.
incident and his performance improved slightly.
Thereafter, Petitioner served without further
f.
Incident to Petitioner's release from active duty he was
not recommended for reenlistment.
he was still recommended for advancement.
honorably released from active duty and transferred to the Naval
Reserve on 9 October 1991.
However, the record shows that
Petitioner was
g.
Regulations authorize the assignment of an RE-3R or RE-4
An RE-3R reenlistment code means that an
reenlistment code to individuals who are released from active
duty in pay grade E-3.
individual has failed to meet the professional growth criteria
for reenlistment but is eligible in all other respects and
recommended for advancement,
reenlistment with the approval of Commander, Navy Personnel
An RE-4 reenlistment code means and individual is
Command.
ineligible to reenlist without prior approval of Commander, Navy
Personnel Command.
and is eligible for a probationary
CONCLUSION:
Despite the NJP, the command's recommendation
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
In this regard, the Board notes Petitioner performance
action.
ranged from marginal to average and he had only one NJP in three
years of service.
for advancement was not withdrawn,
his performance improved and
he served without further incident until his release from active
duty.
recommended for advancement but not recommended for retention.
Therefore, the Board concludes that the entry
"not recommended
for reenlistment" was erroneous.
The Board thus concludes that
it would be appropriate and just to change his reenlistment code
from RE-4 to RE-3R and remove the foregoing entry.
The Board finds it a strange that an individual is
RECOMMENDATION:
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
assigned on 9 October 1991, to RE-3R.
a.
b.
That Petitioner's record be further corrected by
"not recommended for reenlistment" from the
removing the entry
enlisted performance record (page 9).
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
C .
2
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d.
That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioner's naval record.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
&e
Acting Recorder
.
ROBERT D.
Recorder
ZSALMAN
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
Executive Director
3
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