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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