DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No:
23 August 2001
7553-00
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
Ref:
Encl:
(a) Title 10 U.S.C. 1552
(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 United States Navy filed enclosure
(1) with this Board requesting a change in the RE-4 reenlistment
code assigned on 11 January 1990.
The Board, consisting of Mr. Shy, Mr. Pfeiffer and Mr.
2.
Zsalman, reviewed Petitioner's allegations of error and injustice
on 21 August 2001 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.
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
\ waive the statute of limitations and review the application on
not filed in a timely manner,
it is in the interest of justice to
its merits.
Petitioner enlisted in the Navy on 27 July 1989 at age
C .
He satisfactorily completed initial training and on 17
Twenty-
Subsequently, a medical board recommended discharge
18.
November 1989 he reported aboard the USS KISKA (AE 35).
eight days later he was transferred to a naval hospital for
evaluation.
because he had a physical disability which existed prior to his
entry into the Navy.
He was honorably discharged on 11 January
1990 by reason of physical disability in pay grade E-l.
time he was not recommended for reenlistment and was
At that
assigned an RE-4 reenlistment code.
d.
The Board has been unable to obtain the medical board
and the nature of Petitioner's disability is unknown.
he has submitted a statement to the effect that the disability
was an ankle problem which has since been fixed.
submitted a note from a doctor which indicates that he is free of
any medical condition.
He has
However,
e.
The Board is aware that regulations allow for the
assignment of an RE-3P or an RE-4 reenlistment code when an
individual is discharged because of a physical disability.
regulations also require the assignment of an RE-4 reenlistment
code when an individual is separated in pay grade E-l following
an extended period of active duty.
The
CONCLUSION:
The Board notes that Petitioner was never evaluated in
but he apparently served in a
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
his short period of active duty,
The Board also notes that he is required to
satisfactory manner.
serve nine months on active duty to be eligible to be advanced to
Since he served less than five months, he had no
pay grade E-2.
opportunity to be advanced.
Given the circumstances, the Board
concludes that no useful purpose is now served by the RE-4
reenlistment code and it should now be changed to RE-3P.
3P code will alert recruiters that the issue of his physical
condition will have to be resolved before reenlistment can be
authorized.
The
RE-
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 11 January 1990 he was assigned an RE-3P
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
2
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
delegation of authority set out in Section
Procedures of the Board for Correction of
Pursuant to the
5.
6(e) of the revised
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.
W. DEAN PF
Executive Di
3
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