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NAVY | BCNR | CY2001 | 05882-00
Original file (05882-00.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 5882-00
24 October 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

REVIEN_OF

RECORD OF

(a) Title 10 U.S.C. 1552

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record

From:
To:

Subj:

Ref:

Encl:

1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps filed enclosure (1)
with this Board requesting that his record be corrected to show
a more favorable reenlistment code than the RE-4 code now of
record.

The Board, consisting of Mr. Kastner, Mr. 

2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 16 October 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.

McPartlin  and Ms.

Documentary material

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.

Petitioner' application was filed in a timely manner.

C .

Petitioner reenlisted in the Marine Corps on 26 October

1994 after about four years of active service on a prior
enlistment.
served in an excellent manner after that date.
However, the
fitness report for the period 27 June 1997 to 28 February 1998
states, in part, as follows:

Subsequently, he was promoted to SGT (E-5) and

. 

. 

. (He) has encountered several obstacles during the
reporting period which required additional supervision
and attention.
He was awarded nonjudicial punishment
for unauthorized use of his government American Express
Card.

He was assigned to the weight control program

. 

. for failing to met required standards, and was

. 
recently removed from the program as a result of
meeting the body fat requirements. . . . . .

d.

Petitioner was honorably discharged on 25 October 1998

at the expiration of his enlistment.
reenlistment and was assigned an RE-4 reenlistment code.
Form 214 shows that he was paid separation pay of  

He was not recommended for
The DD

$7,401.45.

e.

Petitioner states that he only had one disciplinary

action for a minor offense.
reenlistment code so that he can serve in the  

He desires a change in the

Army.

f.

Regulations allow for the assignment of a RE-3C in those

cases in those cases where a waiveable reenlistment code is
appropriate and no other reenlistment code fits the
circumstances.

CONCLUSION:

In this regard, the Board notes that Petitioner served

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
for almost eight years in an excellent manner, except for one
nonjudicial punishment for what appears to be a minor offense.
In addition, he apparently had recovered from his failure to meet
the weight standards.
supports the decision not to authorize reenlistment since he
probably was not promotable with the nonjudicial punishment in
However, the Board further believes that Petitioner
the record.
should not now be precluded from being considered for enlistment
in the Army.
reenlistment code should now be changed to the less restrictive
RE-3C reenlistment code.
considered for enlistment in the Army.

Accordingly, the Board concludes that the RE-4

The Board believes that the record

This code may allow him to be

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 to show that
on 25 October 1998 he was honorably discharged with an RE-3C
reenlistment code vice the RE-4 reenlistment code now of record.

That this Report of Proceedings be filed in Petitioner's

b.
naval record.

2

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

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.

3



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