DEPARTMENT OF
THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TRG
Docket No:
2 October 2002
6674-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
1.
Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Naval Reserve filed an application with
this Board requesting that his record be corrected to show a
better reenlistment code than the RE-4 reenlistment code assigned
on 1 May 2001.
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
Pauling, reviewed Petitioner's allegations of error and injustice
on 1 October 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.
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 was filed in a timely manner.
C .
Petitioner reenlisted in the Navy for six years on 2
July 1993 and subsequently extended that enlistment for 22
months.
(page 13) entry which states as follows:
On 15 December 2000 he signed an Administrative Remarks
In consideration of assignment to . . . . . . being unable
at this time to incur obligated service without
potential monetary loss,
my enlistment when eligible for a period which equals
or exceeds the obligated service requirement for this
assignment.
I have been fully advised/counseled that
any refusal to incur the required obligated service
will result in assignment of an RE-4 reenlistment code.
I agree to reenlist or extend
Petitioner was permitted to execute this entry instead of
reenlisting or extending his enlistment because either of these
actions might have adversely affected the amount of his
reenlistment bonus.
However, Petitioner elected not to reenlist
and was honorably discharged at the expiration of his enlistment,
as extended, after 11 years, 3 months and 1 day of active
service.
and was assigned an RE-4 reenlistment code.
At that time, he was not recommended for reenlistment
d.
Petitioner was granted a waiver of the reenlistment code
and enlisted in the Naval Reserve on 30 June 2001.
Since then,
he has performed in an excellent manner and completed a two week
period of annual training.
e.
Petitioner states in his application that his wife had
an affair while he was attending the senior enlisted damage
control course, and she left him to care for three minor
children. Because of this situation he felt he had to leave the
Navy.
He states that he has since reconciled with his wife and
desires to again serve in the Regular Navy.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that the RE-4 reenlistment code was
properly assigned because he was required to extend or reenlist
in exchange for training, but he elected to be discharged in
violation of his agreement.
excellent record, the personal problems that led to his decision
to be discharged, the action taken to allow enlistment in the
Naval Reserve, and his desire to return to active duty.
The
Board concludes that although it was properly assigned, no useful
purpose is now served by the RE-4 reenlistment code and it should
be changed to an RE-1 reenlistment code.
However, the Board also notes his
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the
reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 1 May 2001 he was assigned an RE-1
reenlistment code vice the RE-4 reenlistment code now of record.
b.
That this
naval record.
Report of Proceedings be filed in Petitioner's
2
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
.a
1
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
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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