DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No. 5258-02
15 January 2003
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
Ref: (a)
10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 w/attachments
Case Summary
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 that his 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.
Petitioner's application to the Board was filed in a
timely manner.
c.Petitioner enlisted in the Navy on 20 April 1996 for four
years at age 19 in pay grade E-3.
Petitioner served without
incident until 23 December 1996,
when he received nonjudicial
punishment (NJP) for a 30 day period of unauthorized absence,
from 22 November to 21 December 1996.
d.
During almost five years of service after his NJP of 23
December 1996, including over a year of service as a second class
petty officer, Petitioner received three performance evaluations
which assigned overall trait averages of 3.29, 4.00, and 4.29,
llQuality of
The evaluation for the period of 16 March 2001 to
respectively.
3 July 2001, completed on the USS BOXER (LHD-4), assigned marks
of 4.0 in all categories with the exception of
The
Knowledge" and
commanding officer remarked that
electrician.
personnel."
training to his peers and subordinates greatly increasing the
proficiency of electrical watchstanders and the reliability of
BOXER's electrical
recommended him for retention, and for advancement in the "Early
Promote" grouping.
Consistently relied upon to mentor junior
He further stated that,
Work", which was rated as 5.0.
"(Petitioner) was a superior
The commanding officer also
"he continually provided
lVProfessional
plant."
e.
Petitioner was released from active duty on 6 September
2001, upon the completion of required active service, and was
transferred to the naval reserve and assigned an RE-4
reenlistment code.
CONCLUSION:
It appears to the Board that Petitioner may have been
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
issued an RE-4 reenlistment code due to administrative error. In
this regard, the Board notes the above average to excellent
evaluations and concludes that Petitioner was clearly recommended
for retention and advancement.
that he was not so recommended, the Board believes that
assignment of an RE-4 reenlistment code was unjust, given his
apparent eligibility for the more favorable RE-1 reenlistment
code.
an injustice warranting the following corrective action.
In view of the foregoing, the Board finds the existence of
Without any documentation stating
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
assigned on 6 September 2001, to
the RE-4 reenlistment code,
RE-1.
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.
*
ROBERT D. ZSALMAN
Recorder
&<
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
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