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NAVY | BCNR | CY2001 | 08179-01
Original file (08179-01.pdf) Auto-classification: Approved
D E P A R T M E N T O F  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TRG 
Docket No:  8179-01 
25 April 2002 

From:  Chairman, Board for Correction of Naval Records 
To : 

Secretary of the Navy 

Ref: 

(a) Title 10 U.S.C.  1552 

Encl:  (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 Navy filed enclosure  (1) with  this 
Board requesting that his record be corrected to show a better 
reenlistment code than the RE-4 reenlistment code assigned on 24 
November 1998. 

2.  The Board, consisting of Mr. McPartlin, Ms. Nofziger and Ms. 
Suiter, reviewed Petitioner's allegations of error and injustice 
on 23 April 2002 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. 

3.  The Board, having reviewed all the facts of record 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.  Enclosure  (1) was filed in a timely manner. 

c.  Petitioner reenlisted in the Navy on 25 December 1993 

for four years and subsequently extended that enlistment for 22 
months.  At  the time of his reenlistment he had completed about 
18 months of active duty in the Naval Reserve. 

d.  The record shows that Petitioner then served in an 

excellent manner for over five years and was advanced to AZ2  (E- 
5).  In the performance evaluation for the period 4 December 1997 
to 15 March  1998, he was assigned no marks below 3.0 and the 
individual trait average  (ITA) was 3.57.  He was recommended for 
promotion and retention in the Navy.  In the performance 
evaluation for the period  16 March to 24 November 1998 he was 

assigned marks of 2.0  (Progressing) in the categories of equal 
opportunity, military bearing/character and leadership.  The ITA 
was 2.71 and he was not recommended for promotion and retention 
in the Navy,  The evaluation comments state, in part, as follows: 

.... Member has become an administrative burden  to the 
command.  Received civil conviction for 
battery/domestic violence on 27 Jun 98.  His personal 
problems preclude him from consideration for retention 
at this time.  .... 

The evaluation was signed by Petitioner and he did not elect to 
make a statement.  On 24 November  1998 he was honorably 
discharged by reason of completion of required active service. 
At  that time, he was not recommended for reenlistment and was 
assigned an RE-4  reenlistment code.  He had completed 7 years, 8 
months and 12 days of active service. 

e.  Petitioner is requesting a change in the reenlistment 

code so that he can reenter the Navy.  He admits that he had 
personal problems at the time but states that he is no longer 
married. 

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 had about seven years of 
excellent  service before the incident which  led to his last poor 
performance evaluation.  Although  the details of the offense 
which led to his conviction by civil authorities of battery and 
domestic violence are unknown, it is clear that he did not serve 
any confinement, and the offense was not sufficiently serious to 
warrant processing  for administrative separation.  Given the 
isolated nature of his offense and his otherwise excellent 
record, the Board concludes that although the RE-4  reenlistment 
code was properly assigned on 24 November  1998 that no useful 
purpose is now served by  that code and it should now be changed 
to RE-1. 

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 : 

a.  That Petitioner's  naval  record be corrected to show that 
on 24 November 1998 he was assigned an RE-1  reenlistment code 
vice the RE-4  reenlistment code now of record. 

b.  That this Report of Proceedings be filed in Petitioner's 
naval record. 

4.  It is certified that a quorum was present at the Board's 
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 

d ALAN //2A4 

E .  GOLDSMITH 

Acting Recorder 

5.  Pursuant to the delegation of authority set out in Section 
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 
authority of reference  (a), has been approved by  the Board on 
behalf of the Secretary of the Navy. 



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