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NAVY | BCNR | CY2002 | 00090-02
Original file (00090-02.pdf) Auto-classification: Approved
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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