DEPARTMENT OF THE N A V Y
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: 85-02
9 May 2002
From:
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Sub j :
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the 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 7 December 1989.
2. The Board, consisting of Mr. Cooper, Mr. Milner and Mr.
Bishop, reviewed Petitioner's allegations of error and injustice
on 30 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. Although it appears that Petitioner's application 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 Naval Reserve on 4 November
1986 at age 19 and reported for three years of active duty on 8
December 1986. The enlisted performance record (page 9) shows
that from 8 December 1986 through 12 July 1989 he served in a
satisfactory manner with no marks below 3.4 and no disciplinary
actions. During this period, he was advanced to HN (E-3). The
page 9 shows that in the evaluation for the period ending 7
December 1989, he was assigned marginal marks of 3.0 in the
categories of reliability and personal behavior. The overall
evaluation was 3.2 and he was not reconmended for reerAistment.
Petitioner was released from active duty on 7 December 1989 with
his service characterized as honorable. Subsequently, he was
honorably discharged at the end of his military obligation.
d. Petitioner's record contains two DD Form 214's which are
identical, except that one shows that he was assigned an RE-3R
reenlistment code and the other one shows an RE-4 reenlistment
code. The record also contains an administrative remarks page
(page 13) which states that he was being assigned an RE-3R
reenlistment code, but this entry is lined out and marked void.
The Record of Discharge from the U. S. Naval Reserve (Inactive)
issued upon his discharge from the Naval Reserve, indicates that
he was recommended for reenlistment. There is a handwritten
discharge entry on the page 9, dated 3 November 1994, made by the
Naval Reserve Personnel Center which states that he was
recommended for reenlistment.
e. An RE-3R reenlistment code is assigned to individuals
who do not meet professional growth criteria by being advanced to
petty officer third class during an extended period of active
duty. The code means that the individual is recommended for a
probationary reenlistment during which he must advance to petty
officer third class or pass an advancement examination for that
rank. An RE-4 reenlistment code means that an individual is not
recommended for reenlistment.
f. Petitioner states in his application that he desires to
serve, but cannot do so with the RE-4 reenlistment code. He
points outs that he was not the subject of any disciplinary
actions and has an honorable discharge. In support of his case,
he has submitted references that show he has been a good employee
for several years.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes the conflicting entries in the record
concerning an RE-3R or RE-4 reenlistment code, and speculates
that Petitioner was initially to be assigned an RE-3R but it was
changed at the last minute to an RE-4. Although the last
performance evaluation is marginal, it is not adverse and would
not mandate the assignment of the RE-4 reenlistment code. Given
the circumstances, the Board concludes that no useful purpose is
now served by the RE-4 reenlistment code and the conflicting
entries should now be resolved in his favor. Therefore, the
reenlistment code should now be changed to RE-3R.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 7 December 1989 he was assigned an RE-3R 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
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.
Executive Director
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