DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
ELP
Docket No. 6318-01
7 December 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Ref:
(a) 10 U.S.C.1552
Encl:
(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. Dunn, Milner and Pauling
2.
reviewed Petitioner's allegations of error and injustice on
4 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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Navy on 4 January 1988 for
four years at age 21.
The record reflects that she extended her
enlistment for a period of eight months on 29 June 1990 and was
advanced to AK3 (E-4) on 16 April 1991.
Petitioner served
without any disciplinary infractions and her overall traits
average through 30 June 1991 was 3.86.
discharge, no marks were entered on her enlisted performance
record (page 9).
She was diagnosed as being pregnant on 16 July
1991.
Petitioner was honorably discharged on 17 January 1992 by
reason of pregnancy/childbirth and assigned an RE-4 reenlistment
code.
Incident to her
d.
Regulations authorize the assignment of an RE-3B or
RE-4 reenlistment code to individuals discharged by reason of
pregnancy/childbirth.
individual was separated by reason of pregnancy, childbirth, or
parenthood.
An RE-3B reenlistment code may be waived to allow
reenlistment.
An RE-4 reenlistment code means that an indivi-
dual is ineligible for reenlistment without prior approval of
Commander, Navy Personnel Command.
An RE-3B reenlistment code means an
CONCLUSION:
In this regard, the Board notes Petitioner had more
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
than four years of unblemished service and above average
performance, and she was advanced to AK3.
the contrary, the Board finds no basis in the record for
assignment of the most restrictive RE-4 reenlistment code.
Accordingly, the Board concludes that assignment of such a
was unduly severe and unjust.
that it would be appropriate and just to change the reenlistment
code to RE-3B.
Therefore, the Board concludes
Absent evidence
to
code
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
RE-
assigned on 17 January 1992, to
the RE-4 reenlistment code,
3B.
b.
. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
2
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
C .
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.
Recorder
ZSALMAN
AIAN E. GOLDSMIT
Acting Recorder
H
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
under the authority of reference (a), has been
Board on behalf of the Secretary of the Navy.
_
action, taken
approved by the
i==W.
DEAN PFEIFFER
Executive Director
3
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