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
WMP
Docket No. 0090-02
9 May 2002
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
RECORD OF ---
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
Ref:
(a) 10 U.S.C. 1552
Encl: (1,) DD Form 149 wlattachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his reenlistment code be changed.
2. The Board, consisting of Messrs. Humberd, Rothlein, and Dunne
reviewed Petitioner's allegations of error and injustice on 8 May
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 to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
c. Petitioner enlisted in the Navy on 19 May 1993
for four years at age 19 in paygrade E-1. The record further
reflects that he served without incident until his release from
active duty on 9 January 1995.
d. On 14 December 1994, the Petitioner was advised that
administrative scpnration action was being initiated by reason of
hardship. Petitioner was advised of and waived all of his
procedural rights with the exception of obtaining copies of
ilo~urrrents supported the proposed separation action. He did not
object to this separation.
e. On 9 January 1995 Petitioner was honorably discharged
by reason of hardship and assigned an RE-4 reenlistment code.
f. Regulations authorize the assignment of an RE-3H or RE-4
reenlistment code to individuals separated by reason of hardship.
An RE-3H reenlistment code means an individual is ineligible to
reenlist without a waiver of the disqualifying factor by
Commander, Navy Recruiting Command. An RE-4 reenlistment code
means an individual is ineligible for reenlistment and waivers
will not be considered.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board concludes that Petitioner was correctly
processed for administrative separation by reason of hardship.
However, the Board believes that since Petitioner did not commit
any misconduct and did not receive any adverse performance
evaluations during his period of active service, assignment of
the most restrictive reenlistment code is unjust. Accordingly,
the record should be corrected to show that he received an RE-3H
vice an RE-4 reenlistment code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 9 January 1995, to RE-3H.
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.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of 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
/\J
ALAN E. GOLDSMIT
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.
-W.
DEAN PFEIFFER
Executive Director
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