DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

WASHINGTON DC 20370.510

0

S

ELP
Docket No. 348-02
23 May 2002

From:
To:

Subj:

Chairman,
Secretary of the Navy

Board for Correction of Naval Records

CORD OF

Ref:

(a) 10 U.S.C.1552

Encl:

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the Navy applied to this Board
requesting, in effect,

that his reenlistment code be changed.

The Board,

consisting of Messrs. Tew, Frankfurt, and Carlsen

2.
reviewed Petitioner's allegations of error and injustice on
22 May 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
by the Board consisted of the enclosures, naval records, and
applicable statutes,

regulations and policies.

Documentary material considered

The Board,

3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:

having reviewed all the facts of record

a.

Before applying to this Board, Petitioner exhausted all

administrative remedies available under existing law and
regulations within the Department of the Navy.

b.

Petitioner's application to the Board was filed in a

timely manner.

C.

Petitioner enlisted in the Navy on 24 January 2000 for

four years at age 22.
for an additional period of 12 months in exchange for an air
traffic controller school guarantee.

At that time,

he extended his enlistment

d.

On 8   June  2000  Petitioner was notified that separation

processing was being initiated due to defective enlistment. He
was advised of his procedural rights, declined to consult with
legal counsel or submit a statement in his own behalf,   and
waived the right to have his case reviewed by the general
 
martial convening authority.

court-

e.

On 29 June 2000 the discharge authority directed

discharge by reason of defective enlistment.
authority stated that upon Petitioner's arrival at air traffic
controller school,
the school due to defective color vision.
desire any other rating and requested separation.
authority further stated that Petitioner was being separated
with an uncharacterized entry level separation.
Petitioner received a general discharge by reason of
same day,
defective enlistment and was assigned an RE-4 reenlistment code.

it was determined that he did not qualify for
Petitioner did not

The discharge

The discharge

However, on the

f.

Regulations provide that individuals separated by

due to separation action being

unless an uncharacterized entry

reason of defective enlistment will receive an honorable
characterization of service,
level separation is warranted,
initiated within the first 180 days of continuous active duty.
An honorable characterization is authorized only if an
individual's period of service was so extraordinary that any
other characterization would be inappropriate.
authorize the assignment of an RE-Rl, RE-1,
6 to individuals separated by reason of defective enlistment.
Codes RE-Rl,
An RE-1 reenlistment code means an individual is eligible for
reenlistment.
not eligible for reenlistment without prior approval of
Commander,

RE-3R, and RE-6 are not applicable in this case.

An RE-4 reenlistment code means an individual is

Navy Personnel Command.

Regulations

 

RE-3R, RE-4, and  

RE-

g-

Petitioner states that he tried to get his reenlistment

He provides a copy of an e-mail from the executive
who states that the personnel support detachment (PSD)
An e-mail on 5 October 2001,

code corrected by the separation activity subsequent to his
discharge.
officer,
assigned him the wrong RE code.
from the legal officer to Petitioner,
the general discharge changed to an uncharacterized entry level
separation,
the  RE-4 reenlistment code could not be changed without filing a
DD Form 149 with this Board.
Petitioner has advised a staff

and the PSD would be sending a correction.

stated that he had gotten

However,

2

1 member of the Board that he never received anything from the PSD

correcting the characterization on
advised a staff member of the Board that it had
issuing any corrections

to  Petitioner's DD Form 214.

  his DD Form  

214.

The PSD
  no record of

CONCLUSION:

In this regard,

The Board notes also that defective

the Board notes that since discharge

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
proceedings were initiated within the first 180 days of active
service,
Petitioner was erroneously separated with a general
discharge vice an uncharacterized entry level separation as
required by regulations.
color vision is not disqualifying for service, but is
disqualifying for the air traffic controller field and that
Petitioner elected separation since there was no other
occupational field he desired.
surrounding his discharge,
performance or discipline problems during Petitioner's short
period of service,
RE-4 reenlistment code was inappropriate.
be appropriate and just to show that Petitioner was discharged
with an uncharacterized entry level separation and assigned an
RE-1 reenlistment code.

the Board concludes that assignment of an

Given the circumstances

and since there is no evidence of any

Accordingly, it would

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show he
was discharged with an uncharacterized entry level separation by
reason of defective enlistment with an RE-1 reenlistment code,
vice the
general discharge and RE-4 reenlistment code now of
record.

That the material or entries inconsistent with or
to the Board's recommendation be corrected, removed or

b.
relating
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 the Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made part of Petitioner's naval record.

3

d.

That, upon request,

the Department of Veterans Affairs

be informed that Petitioner's application was received by the
Board on 15 January 2002.

4.

It is certified that a quorum was present at the

and that the foregoing is a
Board's review and deliberations,
true and complete record of the Board's proceedings in the above
entitled matter.

ROBERT D. ZSALMAN
Recorder

Pursuant to the delegation of authority set out in Section 6

5.
(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),
Board on behalf of the Secretary of the Navy.

has been approved by the

u

w.F-

 

DEAN PFEIFFER

Executive Director