DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No: 5493-01
2 November 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF
NAVAL RECORD OF
IIL
(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.
former enlisted member of the Navy filed enclosure (1) with this
Board requesting that her record be corrected to show a better
reenlistment code than the RE-4 reenlistment code assigned on 14'
October 1994.
The Board, consisting of Mr. Pfeiffer, Mr. Zsalman and Ms.
2.
Hare, reviewed Petitioner's allegations of error and injustice on
30 October 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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
Petitioner enlisted in the navy on 20 May 1991 at age
C .
On 16 May 1992 she was advanced to HN (E-3).
19.
performance record shows that from the date of her enlistment
until 31 January 1994,
she was assigned no marks below 3.8.
The enlisted
d.
On 17 August 1994 Petitioner indicated that she could
not comply with the provisions of the Dependent Care Certificate
because there was no one to care for her nine month old daughter.
On 29 September 1994 she was notified of separation processing
due to parenthood.
elected to waive her procedural rights.
commanding officer directed an honorable discharge.
discharged on 14 October 1994.
RE-4 reenlistment code.
In connection with this processing, she
Subsequently, the
At that time, she was assigned an
She was so
e.
Regulations require the assignment of either an RE-3B or
an RE-4 reenlistment code when an individual is discharged due to
parenthood.
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 the performance evaluation for the
period 1 February 1994 until her discharge on 14 October 1994 is
not filed in the service record.
However, it is clear that her
performance prior to 1 February 1994 was excellent and if there
were any deficiencies in her performance and conduct, they were
probably related to the need to care for her daughter.
circumstances, the Board concluded that no useful purpose is now
served by the RE-4 reenlistment code and'it should be changed to
RE-3B.
Given the
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 change in the
reenlistment code.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by issuing a
Form 215 to show that on 14 October 1994 she was assigned an
3B reenlistment code vice the RE-4 reenlistment code now of
record.
DD
RE-
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
Acting Recorder
5.
Pursuant
to the delegation of authority set out in Section
2
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.
~dlW. DEAN
Executive Director
3
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