DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No. 3386-02
15 January 2003
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
L RECORD OF
Ref:
Encl:
(a) 10 U.S.C. 1552
(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 her reenlistment code be changed.
The Board, consisting of Messrs. Pfeiffer, Zsalman, and
2.
Haney, reviewed Petitioner's allegations of error and injustice
on 15 January 2003 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.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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 waive the statute of limitations and review the
application on its merits.
Petitioner enlisted in the Navy on 25 April 1994
for four years at age 20.
C .
d.
The record further shows that Petitioner failed to
bodyfat standards as evidenced by entries on her
maintain
physical readiness testing results record.
indicated that
on 13 October 1995, and 40% on 8 May 1997.
bodyfat percentages of 31% on 13 April 1995, 33%
These records
e.
On 1 December 1995,
concerning her failure to meet the minimum physical readiness
requirements and her placement in the command directed physical
remedial physical readiness program.
Petitioner was counseled and warned
f.
On 21 July 1997 Petitioner was advised that
administrative separation action was being initiated by reason of
weight control failure.
She was advised of and retained all of
her rights concerning the proposed separation, including the
right to submit statements,
the basis for the proposed separation, and have the proposed
separation reviewed by the general court-martial convening
authority.
obtain copies of documents supporting
g*
On 12 August 1997,
the commanding officer forwarded the
administrative separation action to the discharge authority
recommending separation due to weight control failure, with
characterization of service as warranted by her service record.
h.
On 15 August 1997 the general court-martial convening
authority reviewed the proposed separation and found that
separation was appropriate.
Petitioner was honorably discharged by reason of weight control
failure and assigned an RE-4 reenlistment code.
Accordingly, on 1 December 1997
i.
Regulations authorize the assignment of an RE-3T or RE-4
reenlistment code to individuals separated by reason of weight
control failure.
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.
An RE-3T reenlistment code means an individual
CONCLUSION:
The Board concludes that Petitioner was correctly
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
processed for administrative separation by reason of failure to
meet physical readiness requirements due to weight control
failure.
months of service without disciplinary incident and the lack of
any adverse performance entries not related to her weight control
failures, assignment of the most restrictive reenlistment code is
unjust.
Accordingly, the record should be corrected to show that
he received an RE-3T vice an RE-4 reenlistment code.
However, the Board believes that given Petitioner's 44
RECOMMENDATION:
a. That Petitioner's naval record by changing the RE-4
reenlistment code, assigned on 1 December 1997, to RE-3T.
2
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.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
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Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. g. Petitioner was then advised that administrative separation action was being initiated by reasons of weight control failure as evidence by his failure of three PRT1s within a four year period. That Petitioner's naval record by changing the RE-4 reenlistment code, assigned on 15 August 1997, to RE-3T b.
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