DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 6078-01
7 January 2002
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
Ref:
(a) 10 U.S.C.1552
Encl:
(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 his reenlistment code be changed.
The Board, consisting of Messrs. Kastner and Rothlein, and
2.
Ms. Schnittman reviewed Petitioner's allegations of error and
injustice on 3 January 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
pertaining 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.
C .
four years.
Petitioner enlisted in the Navy on 2 November 1988 for
The record reflects that he was advanced to DCFN
(E-3) and served without any disciplinary infractions until
22 June 1990, when he received nonjudicial punishment (NJP) for
dereliction of duty.
d.
Petitioner then served without further incident and was
A page 13 entry,
On 30 October 1992, a second page 13 entry
advanced to DC3 (E-4) in September 1991.
erroneously dated 26 October 1991, rather than 26 October 1992
states Petitioner was not recommended for reenlistment due to a
lack of motivation.
states Petitioner was not recommended for retention by the
commanding officer.
released from active duty,
assigned an RE-4 reenlistment code.
from active duty, his conduct and overall trait averages were
3.44 and 3.5, respectively.
upon completion of his obligated service on 26 August 1996.
On the same date, Petitioner was honorably
transferred to the Naval Reserve, and
At the time of his release
Petitioner was honorably discharged
e.
Regulations require the assignment of an RE-4
reenlistment code to individuals not recommended for retention
by the commanding officer.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes that Petitioner had
only a single NJP for a relatively minor offense in four years
of active service and was subsequently advanced to DC3 (E-3).
The Board further notes that the record is devoid of any
counseling entries documenting any deficiencies in Petitioner's
performance or motivation.
Further, his enlisted performance
record (page 9) shows he had average performance during his
enlistment.
The Board believes that a vague explanation that
reenlistment was not recommended by the commanding officer due
to a
justify the assignment of an RE-4 reenlistment code.
Accordingly, absent convincing evidence to the contrary, the
Board believes that assignment of an RE-4 reenlistment code was
unjust.
appropriate and just to change the reenlistment code to RE-1 and
all references that he was not recommended for retention be
removed from the record.
"lack of motivation" provides an insufficient basis to
Therefore, the Board concludes that it would be
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by chang-
assigned on 30 October 1992, to
ing the RE-4 reenlistment code,
RE-1.
b.
That all references that Petitioner was not recommended
for reenlistment be removed from the record.
C .
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.
d.
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
references being made a part of Petitioner's naval record.
It is certified that a quorum was present at the Board's
4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
-,
/
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