DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6802-02
23 April 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
End: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a former
enlisted member of the Navy, filed enclosure (1) with this Board requesting
that his reenlistment code be changed.
i
2. The Board, consisting of Messrs. Grover, Harrison, and Pfeiffer,
reviewed ~etitioner’s allegations of error and injustice on 21 April 2003
and, pursuant to its regulations, determined that the corrective action
indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations, and policies.
3. The Board, having reviewed all the facts of record 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 17 July 2000 and served
without disciplinary incident.
d. In January 2001 Petitioner submitted a written request for a
hardship discharge because his wife was suffering from severe clinical
depression, which was aggravated by his absence, and his grandfather had
been diagnosed with a severe heart condition and dementia.
e. On 18 May 2001 Petitioner’s request was approved and he was
subsequently processed for an administrative separation by reason of
convenience of the government.
f. On 15 June 2001 Petitioner was honorably discharged by reason of
convenience of the government due to hardship and was assigned an RE-4
reenlistment code.
g. An RE-3H reenlistment code may be assigned to individuals
separated due to hardship. This code means that the individual is not
permitted to reenlist because of a hardship which interfered with one’s
military duties. This code may not bar enlistment, but requires that a
waiver be obtained from recruiting personnel who are responsible for
determining whether an individual meets the standards for reenlistment, and
whether or not a request for a waiver of a reenlistment code is feasible.
An individual separated for this reason may also receive an RE-4
reenlistment code, which means that the individual is not recommended for
reenlistment.
g. In his application, Petitioner states that he believes the RE-4
reenlistment was a clerical error because there was no reason for him to
have been assigned an RE-4 reenlistment code. He further states that his
hardship no longer exists.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board
concludes that Petitioner’s request warrants favorable action.
Based on the facts that Petitioner served without disciplinary incident and
was separated by reason of convenience of the government, and was denied
reenlistment solely due to a hardship, the Board concludes that the RE-4
reenlistment code was inappropriate. The Board notes that an RE-3H
reenlistment code is authorized by regulatory guidance for an individual
who is separated for the convenience of the government and is not permitted
to reenlist due to a hardship. Accordingly, given Petitioner’s otherwise
good record, the Board concludes that an RE-3H reenlistment code is more
appropriate than the RE-4 reenlistment code now of record.
RECONMENDAT ION:
a. That Petitioner’s naval record be corrected by changing the RE-4
reenlistment code, assigned on 15 June 2001, to RE-3H.
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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.
~ j72 ~
ROBERT D. ZSALMAN ALAN E. GOLDSMITH -
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulation, 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. ‘K
3
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