DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No:
5 October 2001
8083-00
From:
To:
Subj:
Ref:
Encl:
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
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Naval Reserve
filed an application with this Board requesting that his record
be corrected to show a better reenlistment code than the RE-4
reenlistment code assigned on 17 July 1992.
The Board, consisting of Mr. Pfeiffer, Mr. Whitener and Mr.
2.
Beckett, reviewed Petitioner's allegations of error and injustice
on 2 October 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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
C .
Petitioner enlisted in the Naval Reserve 2x8 program
(eight years in the reserves which includes two years of active
duty) on 17 September 1990 at age 19.
of active duty on 26 September 1999.
The enlisted performance record (page 9)
advanced to SA (E-2).
shows that for the period ending 14 July 1992 he was assigned a
mark of 3.6 in the category of rate knowledge, and marks of 3.8
in every other category.
recommended for reenlistment but was administratively assigned an
RE-4 reenlistment code for failure to achieve career growth
The page 9 also shows that he was
He reported for two years
On 16 July 1991 he was
requirements.
as an SA.
code.
He was released from active duty on 17 July 1992
As indicated, he was assigned an RE-4 reenlistment
d.
Regulations in effect at the time of Petitioner's
On 28 June 1993, about 11 months after Petitioner's
service required the assignment of an RE-4 reenlistment code to
individuals who did not meet professional growth requirement by
advancing to pay grade E-3 during a period of extended active
duty.
release from active duty,
for the assignment of an RE-7 reenlistment code to individuals
completing the initial 2-year active duty obligation under the
2x8 Naval Reserve program.
eligible for reenlistment if otherwise qualified.
notes that the minimum service requirement to be advanced from E-
l to E-3 is 18 months.
Therefore, individual in the 2x8 program
really did not have much of an opportunity to be advanced to E-3.
As indicated, Petitioner served 1 year, 9 months, and 22 days of
active service.
the regulations were changed to allow
An individual with this code is
The Board
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 Petitioner served in an excellent
manner and did not have much of an opportunity to be advanced to
pay grade E-3.
regulations, which occurred less than a year after his release
from active duty, the Board concludes that the assignment of the
RE-4 reenlistment code is no longer appropriate.
Therefore, the
RE-4 reenlistment code should now be changed to RE-7 as an
exception to the policy that was in effect on 17 July 1992, when
he was released from active duty.
Given those factors and the change in
The Board further concludes that this Report of Proceedings be
filed in Petitioner's naval record so that all future reviewers
will understand the reason for the assignment of the RE-7
reenlistment code.
RECOMMENDATION:
a.
Form 215 to show that on 17 July 1992 he was issued an RE-7
reenlistment code vice the RE-4 reenlistment code now of record.
That Petitioner's naval record be corrected by issuing a DD
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
4.
review and deliberations,
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
2
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
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))
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.
WW. DEAN
Pi%IFFER
Executive Director
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