DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 7731-01
8 November 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
NAVAL RECORD
OF'
,l.
Ref:
(a)
10
U.S.C. 1552
Encl:
(1) DD Form 149 with 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,
Board requesting that his reenlistment code be changed.
filed enclosure (1) with this
The Board, consisting of Messrs.
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.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
Novello, Taylor, and
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 enclosure (1) 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 27 August 1985 and
Petitioner served
and the enlisted performance
began a six year period of active duty.
without disciplinary incident,
record (page 9) reflects generally god performance, with only two
marginal marks of 3.0 in the category of military bearing.
d.
Petitioner received two performance evaluations for the
periods from 1 July 1988 to 30 June 1989 and 1 July 1989 to 30
June 1990 in which he was not recommended for advancement,
retention, or reenlistment due to his failure of a physical
readiness test (PRT) and obesity.
e.
Petitioner's record contains page 9 and page 11 entries
dated 26 August 1990 which indicate that he was not eligible or
recommended for reenlistment due to obesity.
f.
On 26 August 1990 Petitioner was honorably released from
active duty and transferred to the Naval Reserve.
he was assigned an RE-4 reenlistment code.
the expiration of his enlistment,
discharged by reason of fulfillment of service obligation. At
that time he was not recommended for enlistment.
Petitioner was honorably
At that time
On 9 April 1993, at
9.
An RE-3T reenlistment code may be assigned to individuals
This code means that the individual was separated or
separated due to weight control failure or expiration of
enlistment.
not permitted to reenlist because of a weight problem.
but requires that a waiver be obtained.
may not bar enlistment,
Recruiting personnel are responsible for determining whether an
individual meets the standards for reenlistment, and whether or
not a request for a waiver of a reenlistment code is feasible.
An individual separated for either of these reason may also
receive an RE-4 reenlistment code, which means that the
individual is not recommended for reenlistment.
This code
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Since Petitioner served without disciplinary infractions, was
separated by reason of fulfillment of service obligation, and was
denied reenlistment solely due to a weight problem, the Board
concludes that the RE-4 reenlistment code was inappropriate.
Board notes that an RE-3T reenlistment code is authorized by
regulatory guidance for an individual who is separated at the
expiration of enlistment and is not permitted to reenlist due to
failure to meet physical readiness standards.
Petitioner's otherwise good record, the Board concludes that an
RE-3T reenlistment code is more appropriate than the RE-4
reenlistment code now of record.
Accordingly, given
The
RECOMMENDATION:
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
assigned on 26 August 1990, to RE-3T.
a.
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.
2
C .
That any material directed to be removed from Petitioner's
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
together with a copy of
for retention in a confidential file
with no cross reference being made a
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
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 Regulation, 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 PFEIFFER
Executive Director
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