DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 6232-01
24 January 2001
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a) , Petitioner, a
former enlisted member of the United States Navy filed an
application with this Board requesting a change in her
reenlistment code.
2. The Board, consisting of Mr. Milner, Ms. McCormick and Ms.
Gilbert, reviewed Petitioner's allegations of error and injustice
on 8 January 2002 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.
3. The Board, having reviewed all the facts of record 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 was filed in a timely manner.
c. Petitioner enlisted in the Navy on 11 December 1996 at
age 20. She successfully completed initial training and, on 12
May 1997, reported aboard the USS JOHN F. KENNEDY (CV 67). She
was married on 5 February 1998 and subsequently had a child. On
19 November 1998 she was notified of separation processing due to
parenthood because she could not comply with family care
requirements if she had duty or deployments. On 17 December
1998, the commanding officer directed an honorable discharge, but
stated that " (Her) performance and conduct during her enlistment
to date has been outstanding." She was honorably discharged on
18 December 1998 with an RE-4 reenlistment code. At that time,
she was serving in pay grade E-2.
d. Normally, an individual is not advanced from E-2 to E-3
before serving 18 months on active duty.
e. Regulations allow for the assignment of an RE-3B or an
RE-4 reenlistment code when an individual is discharged due to
parenthood. Regulations also require the assignment of an RE-4
reenlistment code when an individual does not meet professional
growth criteria by advancing to pay grade E-3 during an extended
period of active duty.
Upon review and consideration of all the evidence of record, the
majority, consisting of Mr. Milner and Ms. McCormick, concludes
that Petitioner's request warrants favorable action. The Board
notes the commanding officer's comments concerning her excellent
performance. Further, the only reason she was discharged was
because of parenthood. The majority disregards the fact that she
was only an E-2 when discharged because she was not eligible to
be advanced to E-3 until 11 June 1998, and after that date she
was pregnant and having child care problems. Accordingly, the
majority concludes that no useful purpose is now served by the
RE-4 reenlistment code and it should now be changed to RE-3B as
an exception to policy.
The majority further concludes that this Report of Proceedings
should be filed in Petitioner' s naval record so that all future
reviewers will understand the reasons for the assignment of the
RE-3B reenlistment code.
MAJOR1 TY RECOMMENDATION :
a. That Petitioner's naval record be corrected to show
that on 18 December 1998 she was assigned an RE-3B reenlistment
code vice the RE-4 reenlistment code now of record.
b. That a copy of this Report of Proceedings be filed in
Petitioner ' s naval record.
MINORITY CONCLUSION:
Ms. Gilbert disagrees with the majority and concludes that
Petitioner's request does not warrant favorable action. She
notes that Petitioner had over six months to advance to E-3 and
did not do so. Since Petitioner has been treated no differently
than others who failed to advance to E-3, the minority could not
find an error or injustice in the assignment of the RE-4
reenlistment code.
MINORITY RECOMMENDATION:
That Petitioner ' s request be denied.
4. It is certified that a quorum was present at the Board's
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. The foregoing report of the Board is submitted for your
review and action.
MAJOR1 TY RE PORT :
W. DEAN P
Reviewe and approved:
A
APR 2 4 n:,
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