DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5382-01
14 December 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL
RECORD 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 her reenlistment code be changed..
The Board, consisting of Messrs. Pfeiffer,
McCulloch, and
2.
Leeman reviewed Petitioner's allegations of error and injustice
on 12 December 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
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.
Petitioner's application to the Board was filed in a
timely manner.
C .
Petitioner enlisted in the Navy on 20 December 1993 for
four years at age 19.
1997, in exchange for orders,
additional period of 24 months.
The record reflects that on 14 February
she extended her enlistment for an
d.
Petitioner's Evaluation Report and Counseling Record
for the period 10 October 1998 to 14 June 1999 was submitted
upon her frocking to YN2 (E-5) and marked her as 4.0 ("above
standards") in all rating categories.
The reporting senior
stated that she demonstrated uncommon initiative and her
personal drive, technical expertise, and dedication to duty
maintained the efficiency of the personnel office during
decreased manning.
recommended for retention.
16 December 1999.
observed" report submitted upon her release from active duty.
That report noted that she had been a student
instruction" from 6 August to
9,November 2000.
"must promote" and
She was advanced to YN2 on
Her next evaluation report was a
She was marked
"not under
"not
e.
An Administrative Remarks (page 13) entered in
Petitioner's record incident to her release from active duty
stated that she was eligible for reenlistment except for the
disqualifying factor (RE-4) and that she could not reenlist in
the Regular Navy without prior approval of the Bureau of Naval
Personnel.
The reason cited was her failure to acquire
additional obligated service for a school she apparently
completed.
f.
On 9 November 2000, Petitioner was honorably released
from active duty, transferred to the Naval Reserve, and assigned
an RE-4 reenlistment code.
enlistment, as extended, was 19 December 1999.
extensions are on file in the record.
that her extension of service was at the request and convenience
of the government.
Petitioner's normal expiration of
The DD Form 214 shows
No other
g*
Petitioner states that she received an RE-4 reenlist-
ment code because she failed to reenlist or extend for six
months after completion of a
personal problems at home required her to leave the service.
lo-day course.
She claimed that
h.
Regulations require the assignment of an RE-4
reenlistment code to individuals who fail to incur the
additional obligated service required for attendance at a
school.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
2
In this regard,
The Board is aware of the regulation requiring the
the Board notes Petitioner was promoted
and had completed nearly
However, the Board believes assignment of the most
action.
to YN2, was an above average performer,
seven years of unblemished service when she was released from
active duty.
assignment of an RE-4 reenlistment code to individuals who fail
to incur obligated service upon completion of a school or
course.
restrictive RE-4 reenlistment code was unduly severe given her
good record and the relatively short duration of the period of
instruction at issue.
The Board believes that assignment of
such a code was self-defeating since she apparently completed
the course and acquired skills that could be used during
subsequent service.
would be appropriate and just to change the RE-4 reenlistment
code to RE-1 and remove the 13 entry that states she is not
eligible for reenlistment.
Accordingly, the Board concludes that it
RECOMMENDATION:
a.
That Petitioner's naval record
the RE-4 reenlistment code, assigned on
RE-1.
be corrected by changing
9 November 2000, to
b.
That Petitioner's record be further corrected by
removing the page 13 entry that she may not be reenlisted with
approval of the Bureau of Naval Personnel.
C .
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
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.
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
Acting Recorder
3
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 Dir
4
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