DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
WMP
Docket No. 5361-02
11 December 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
(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,
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.
2.
reviewed Petitioner's allegations of error and injustice on 11
December 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.
The Board, having reviewed
to Petitioner's allegations of
follows:
all the facts of record pertaining
error and injustice, finds as
Documentary material considered by
Novello, and Dunne
a.
Before applying to this Board,
administrative remedies available under existing law and
regulations within the Department of the Navy.
Petitioner exhausted all
b.
Petitioner's application to the Board was filed in a
timely manner.
.
Petitioner enlisted in the Navy on 11 May 2000
paygrade E-l.
fCour years at age 25 in
for
reflects that he served without disciplinary incident.
On 27 June 2001, Petitioner was advised that
administrative separation action was being initiated for the
convenience of the government by reason of hardship.
was advised of and waived all of his procedural rights.
The record further
d.
Petitioner
e.
On 3 July 2001 Petitioner was honorably discharged
by reason of hardship and assigned
an RE-4 reenlistment code.
f.
Regulations authorize the assignment of an RE-3H or RE-4
reenlistment code to individuals separated by reason of hardship.
An RE-3H reenlistment code means an individual 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.
CONCLUSION:
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 hardship.
However, the Board believes that since Petitioner committed no
misconduct and did not receive any adverse performance
evaluations during his period of active service, assignment of
the most restrictive reenlistment code is unjust.
Accordingly,
the record should be corrected to show that he received an RE-3H
vice an RE-4 reenlistment code.
RECOMMENDATION:
The Board concludes that Petitioner was correctly
a. That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
assigned on 3 July 2001, to RE-3H.
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.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
ROBERT D. ZSALMAN
Recorder
Acting Recorder
2
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),
behalf of the Secretary of the Navy.
has been approved by the Board on
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