DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 139-02
18 March 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board
show that she was assigned a more favorable reenlistment code that the RE-4 code she was
assigned on 2 July 1997.
requesting, in effect, that her naval record be corrected to
2. The Board, consisting of Ms. Gilbert and Messrs. Frankfurt and Schultz, reviewed
Petitioner’s allegations of error and injustice on 14 February 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
of error and injustice finds as follows:
’s allegations
_
-
_
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 enclosure (1) was filed not in a timely manner, the Board concluded that it
would be in the interest of justice to consider the application on its merits.
C.
Petitioner served on active duty from 5 June to 2 July 1997, when she was
discharged by reason of erroneous enlistment because of a disqualifying medical condition,
and assigned a reenlistment code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concluded that RE-4
reenlistment code assigned in this case is unjust, because there no indication in available
records that Petitioner committed any acts of misconduct during her brief period of service,
or that she did not perform her duties to the best of her abilities.
recommends the following corrective action.
Accordingly, the Board
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she was assigned a
RE-3E, on 2 July 1997, in lieu of the RE-4 code she actually received
reenlistment code of
on that date.
b. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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
Pursuant to the deiegation of authority set out in Section 6(e) of the revised Procedures
5.
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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