DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No 6341-01
29 January 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD 0
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 her reenlistment code be changed.
The Board, consisting of Ms. Davies and Messrs Chapman and
2.
McCulloch, reviewed Petitioner's allegations of error and
injustice on 24 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.
Although it appears that Petitioner's application to
b.
,Board was not filed in a timely manner, it is in the
the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Navy on 12 August 1994 for
four years at age 27.
The record reflects that she was advanced
to SN (E-3), was recommended for promotion, and served without
any disciplinary actions.
d.
Petitioner gave birth to a daughter on 10 April 1997
and, on 11 September 1997, signed a "Family
Certificate" in which she stated that she was unable to make
adequate arrangements for child care which would permit her to
be fully available during duty hours, extended duty hours,
exercises, unaccompanied tours, and other similar military
obligations.
Care'Plan
e.
On 25 September 1997 Petitioner was notified of
She was advised of her procedural rights,
administrative separation action by reason of parenthood due to
noncompliance with the requirements of the "Family Care Plan
Certificate."
declined to submit a statement in her own behalf, and waived
the right to have her case reviewed by the general court-martial
convening authority.
Thereafter, the discharge authority
directed separation with the type of discharge warranted by
the service record.
Petitioner was honorably discharged on
12 November 1997 and assigned an RE-4 reenlistment code.
f.
Regulations authorize the assignment of an RE-3B or
RE-4 reenlistment code to individuals discharged by reason of
parenthood.
An RE-3B reenlistment code means an individual was
separated by reason of pregnancy, childbirth, or parenthood. An
RE-3B reenlistment code may be waived to allow reenlistment. An
RE-4 reenlistment code means that an individual is ineligible
for reenlistment without prior approval of Commander, Navy
Personnel.Command.
CONCLUSION:
In this regard, the Board notes Petitioner served more
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
than three years, had no disciplinary actions, and was recom-
mended for promotion.
Board finds no basis in the record for assignment of the most
restrictive RE-4 reenlistment code and believes that assignment
of such a code was unduly severe and unjust.
Therefore, the
Board concludes that it would be appropriate and just to change
the reenlistment code to RE-3B.
Absent evidence to the contrary, the
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 12 November 1997, to
3B.
RE-
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
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.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive
3
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