DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No. 1475-02
17 May 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
(a) 10 U.S.C. 1552
(b) OPNAVINST
1160.5C
(c) BUPERSINST 1900.8
(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,
requesting that his narrative reason for separation and
reenlistment code be changed.
applied to this Board
Mackey, and Taylor,
The Board, consisting of Messrs. Geisler,
2.
reviewed Petitioner's allegations of error and injustice on 15
May 2002 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material considered by
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 i,n a
timely manner.
c. Petitioner enlisted in the Naval Reserve on 15 July 1991
21. January 1992 he reported for
On
at age 22 in pay grade E-l.
24 months active duty.
d. Petitioner served without incident while on active duty
and was released from active duty with an honorable discharge on
30 December 1993.
During this two-year period, he received two
pErformance evaluations that assigned trait marks of between 3.6
30
and 4.0.
December 1993 contained'marks of 4.0 with the exception of
military bearing, which was marked at 3.8.
The evaluation for the period of 1 February
1993 to
e. Petitioner was transferred from the USS NEW ORLEANS
11) to TPU San Diego for separation processing and release from
active duty prior to the completion of his obligation due to the
deployed status of his unit.
duty on 30 December 1993 due to non-retention on active duty, and
assigned an RE-4 reenlistment code.
Petitioner was released from active
(LPH-
f. Reference (b) requires the issuance of an RE-4
reenlistment code to individuals who have completed their
enlistment and are serving in paygrades E-l or E-2 at the time of
their release from active duty.
for the issuance of an
personnel who are separated for
The RE-6 reenlistment code may be
the result of reference (b).
assigned to an individual such as Petitioner who satisfactorily
completes a two year period of active duty.
RE-3M, RE-4, or RE-6 in the cases of
However, reference (c) allows
"non-retention on active duty" as
4. Petitioner now contends that he is ineligible for benefits
administered by the Department of Veterans Affairs because he
does not have two years of active service.
CONCLUSION:
In this regard,
It appears to the Board that the Petitioner should have
the Board notes the above
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
been issued the more favorable RE-6 vice the more restrictive
4 reenlistment code.
average marks on his two performance evaluations, and concludes
that Petitioner was clearly recommended for retention and
advancement.
he was not recommended for advancement or reenlistment, the Board
believes that assignment of an RE-4 reenlistment code was unjust,
given his apparent eligibility for the more favorable RE-6
However, based on the requirements of
reenlistment code.
references (b) and (c), the narrative reason for separation is
valid and should not be changed.
Without substantial documentation that states that
RE-
In regards to Petitioner's early release from active duty, it is
noted that it is standard Navy policy to return personnel early
from deployed units and allow for early separation prior to
completing their enlistment.
his early release has deprived him of benefits for which he most
likely would have been eligible had he not been assigned to a
However, in the case of Petitioner,
Therefore, the Board believes that his date of
deployed vessel.
separation should be changed from 30 December 1993 to 20 January
1994, thus giving him the two years of service necessary to
In view of the foregoing, the Board finds the
receive benefits.
existence of an injustice warranting the following corrective
action.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
assigned on 30 December 1993, to
the RE-4 reenlistment code,
6, and that his date of separation be changed from 30 December
1993 to 20 January 1994.
RE-
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.
-,
;.7
L___~-?y.&7g,
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMI
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive Di
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