DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No. 3581-02
19 September 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AVAL RECORD 0
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
The Board, consisting of Messrs. Pfeiffer, Shy and Ms.
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting that his reenlistment code be changed.
2.
Gilbert, reviewed Petitioner's allegations of error and injustice
on 18 September 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.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
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.
C .
Petitioner enlisted in the Navy on 20 June 1990 for
He was advanced to airman (E-3) on 16
four years at age 19 in pay grade E-l and served without
disciplinary incident.
March 1992 and, on 1 December 1992, he was designated an aviation
boatswain's mate fuels airman (ABFAN).
d.
Petitioner's record indicates that he completed the
requirements to participate in the September: 1992 Navy-wide
(ABF3), and received a special enlisted performance
advancement examination for aviation boatswain's mate fuels third
class
evaluation on
examination.
designated as an ABFAN on 1 December 1992,
the date of striker designation provided for personnel who passed
the September 1992 advancement examination for petty officer
third class, but were not selected for advancement.
31 August 1992 to allow him to take that
Petitioner's record further indicates that he was
which would have been
e. On 25 September 1993 Petitioner was released from active
transferred to the Naval Reserve,
duty due to reduction in force,
and assigned an RE-3R reenlistment code.
paygrade E-4.
or have formerly been a petty
the servicemember must be serving as a petty
paygrade E-4 and be currently
f.Regulations require that first term personnel who do not
RE-
In order to meet the professional
paygrade E-3 having passed an
meet the professional growth criteria be assigned either an
3R, if recommended for reenlistment, or an RE-4, if not
recommended for reenlistment.
growth criteria,
officer third class, be serving in
examination for advancement to
recommended for advancement,
officer in the current enlistment and be currently recommended
for advancement to
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
It appears to the Board that Petitioner was issued an
action.
RE-3R reenlistment code due to administrative error.
In this
regard, the Board concludes that Petitioner participated in the
September 1992 Navy-wide advancement examination for advancement
to ABF3, passed the examination and,
as a result of his passing
that examination,
Accordingly, it
would appear that the Petitioner met the professional growth
criteria, and assignment of an RE-3R reenlistment code was
unjust, given his apparent eligibility for the more favorable
RE-1 reenlistment code.
In view of the foregoing, the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
was designated as an ABFAN.
a.
the RE-3R reenlistment code,
RE-1.
That Petitioner's naval record be corrected by changing
assigned on 25 September 1993, to
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.
2
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,
complete record of the Board's proceedings in the above entitled
matter.
and that the foregoing is a true and
ROBERT D. ZSALMAN
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.
ALAN E. GOLDSMITH
Acting Recorder
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