DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No.
23 March 2001
6887-00
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
t
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, applied to
this Board requesting, in effect,
changed.
that his reenlistment code be
The Board, consisting of Ms. Wiley, Messrs. Ivins and
2.
McPartlin reviewed Petitioner's allegations of error and
injustice on 21 March 2001 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 .
Petitioner reenlisted in the Navy on 24 November 1989
for six years as a GSM3 (E-4).
he had completed nearly four years of prior active service.
At the time of his reenlistment,
d.
Petitioner was promoted to
GSMl (E-6) on 16 June
His enlisted performance evaluation for the period from
1995.
16 January to 17 October 1995 assigned him an adverse mark of
2.8 in the category of military bearing.
noted that Petitioner's only problem was weight control.
The reporting senior
He had
spent 12 months in a command directed physical conditioning
program, had not been able to maintain acceptable physical
readiness standards, and had failed to meet those standards for
the third time in the last two years.
for advancement or retention.
e.
On 22 November 1995, Petitioner was honorably
discharged by reason of
service"
and assigned an RE-4 reenlistment code.
He had completed nearly
10 years of active service at the time of his discharge with no
disciplinary actions.
"completion of required active
f.
Regulations authorize the assignment of an RE-3T
reenlistment code to individuals ineligible to reenlist upon
expiration of enlistment due to their failure to meet weight
standards.
An RE-3T reenlistment code means the individual is
eligible for reenlistment except for the disqualifying factor of
being overweight.
officials if the disqualifying factor no longer exists.
reenlistment code means that an individual is not eligible for
reenlistment without the prior approval of Commander, Navy
Personnel Command.
This code may be waived by recruiting
An RE-4
CONCLUSION:
In this regard, the Board notes that Petitioner had no
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
disciplinary actions in nearly 10 years of service and was not
recommended for retention only because he failed to meet weight
control standards.
most restrictive RE-4 reenlistment code was unduly harsh and he
should not be denied an opportunity reenlist at a future date if
he can meet Navy weight
standards and is qualified in all other
respects.
appropriate and just to change his reenlistment code to RE-3T.
Accordingly, the Board concluded that it would be
The Board believes that assignment of the
2
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by
assigned on 22 November
chang-
1995, to
ing the RE-4 reenlistment code,
RE-3T.
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.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
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), has been approved by the
Board on behalf of the Secretary of the Navy.
3
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