DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD S
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6726-01
15 November 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy filed an application with this
Board requesting that his record be corrected to show a better
reenlistment code than the RE-4 code assigned on 28 December
1995.
The Board, consisting of Mr.
2.
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 6 November 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,
Novello, Mr. Taylor and Mr.
regulations and policies.
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.
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 4 February 1992 at
His enlisted performance record (page 9) shows that
C .
age 18.
during his service he was not assigned any marks below 3.8. On
16 September 1994 he was advanced to MM3 (E-4).
that for the evaluation period 15 July 1994 to 15 December 1995,
he was assigned marks of 3.8 in every category.
entries dated 15 December 1995 indicate that he was not
recommended for advancement or reenlistment.
from active duty on 28 December 1995 with his service
characterized as honorable and was subsequently issued an
He was released
However, page 9
The page 9 shows
honorable discharge at the end of his military obligation.
d.
Petitioner states in his application that he believes
that he was assigned the RE-4 reenlistment code because he failed
the last physical readiness test (PRT) prior to his release from
active duty.
to serve in the Navy.
He states that he is now physically fit and desires
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 there is no documentation in the
record to support the assignment of the RE-4 reenlistment code.
In addition, he was assigned a mark of 3.8 in the category of
military bearing in his last performance evaluation, which does
not support his belief that he was not recommended for
reenlistment because of a PRT failure.
excellent record and the absence of any documentation to support
the assignment of the RE-4 reenlistment code, the Board concludes
that no useful purpose is now served by that code and it should
be changed to an RE-1 reenlistment code.
Given his overall
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:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 28 December 1995 he was assigned an RE-1
reenlistment code vice the RE-4 reenlistment code now of record.
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
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))
2
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
F&
DEAN PFEIFFER
w.
Executive Director
3
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