DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket
16 March 2001
No.7026-00
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
,
Subj:
REVIEW OF NAVAL RECORD OF
'I
Ref:
Encl:
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, applied to
this Board requesting, in effect,
changed.
that his reenlistment code be
The Board, consisting of Messrs. Lippolis, Chapman, and
2.
Novello reviewed Petitioner's allegations of error and injustice
on 14 March 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 7 October 1977 for
four years at age 19.
to HT3 (E-4) and served without any disciplinary actions.
The record reflects that he was advanced
d.
On 1 July 1980, Petitioner requested a humanitarian
(HUM) assignment due to his wife's abuse and neglect of their
Documentation submitted in support of his request
daughter.
indicated that his wife had broken their daughter's arm when she
was only four months old.
complete his enlistment,
but would accept a hardship discharge.
Petitioner expressed a desire to
.
On 31 July 1980, the Chief of Naval Personnel
(CHNALERS) denied Petitioner's request for a
but authorized discharge by reason of a demonstrated dependency
or hardship, even though Petitioner's dependency or hardship did
not meet the criteria established in applicable regulations.
CHNA..ERS directed release from active duty with the type of
separation warranted by the service and assignment of an RE-3D
or RE-4 reenlistment code.
HUMS reassignment
f.
On 8 August 1980, Petitioner was honorably released
from active duty, transferred to the Naval Reserve, and assigned
an RE-4 reenlistment code.
9.
Regulations authorized the assignment of an RE-3D or
RE-4 reenlistment code to individuals separated by reason of
"demonstrated dependency/hardship not meeting the criteria
specified in the Bureau of Naval Personnel Manual."
reenlistment code means Petitioner was discharged for this
reason.
disqualifying factor no longer exists.
An RE-4 reenlistment
code means that an individual is not eligible for reenlistment
without the prior approval of Commander, Navy Personnel
This code may be waived by recruiting officials if the
An RE-3D
Command.
CONCLUSION:
In this regard, the Board notes that Petitioner was
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
advanced to HT3 and had no disciplinary actions during his
period of service.
warranted the assignment of the
reenlistment code and he should
serve his country again at some
most restrictive RE-4
not be denied an opportunity to
future date if the disqualifying
The Board does not believe that his service
2
factor no longer exists. Accordingly, the
it would be appropriate and just to change
to RE-3D to correspond with the reason for
separated.
Board concludes that
his reenlistment code
which he was
RECOMMENDATION:
a.
That Petitioner's naval record be
corrected
ing the RE-4 reenlistment code, assigned on 8 August
RE-3D.
chang-
by
1980, to
,
b.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
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. ZSALMAN
Recorder
&&
Acting Recorder
.
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 action, taken
under the authority of reference (a),
Board on behalf of the Secretary of the Navy.
has been approved by the
-
w. DEAN PFEIFFER
Executive Director
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