DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7171-00
11 April 2001
From: Chairman,
Secretary
To:
Board for Correction of Naval Records
of the Navy
Subj: REVIEW OF
CORD O F
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his reenlistment
code be changed.
The Board, consisting of Messrs. Carlsen, Lightle, and
2.
Swarens, reviewed Petitioner's allegations of error and injustice
on 4 April 2001 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.
Enclosure (1) was filed in a timely manner.
C .
Petitioner enlisted in the Navy on 23 June 1994 and served
without disciplinary infractions.
d.
On 25 October 1995 Petitioner submitted a written request
for a hardship discharge because he was unable to obtain adequate
care for his dependent child.
On 28 February 1996 he submitted
another written request for separation by reason of parenthood.
Subsequently, he signed a dependent care certificate indicating
that he could not comply with the Navy's family care plan, which
resulted in him being unavailable for worldwide deployment.
e.
On 22 March 1996 Petitioner was notified that he would be
separated due to his failure to make arrangements to provide care
On 29 March 1996 Petitioner
for his dependents while deployed.
received a general discharge by reason of parenthood and was
assigned an RE-4 reenlistment code.
f. Petitioner's only performance evaluation in the record is
This
for the period from 11 January 1995 to 11 January 1996.
evaluation noted that he was recommended for retention and
promotion and reflected a trait average of 3.00.
Q*
Petitioner's Enlisted Performance Record (Page 9) reflects
a performance mark average of 3.80 for the period 15 January 1995
to 15 January 1996, and a final performance average of 3.70.
However, these averages are not supported by any evaluation in
the record.
h.
An RE-3B reenlistment code may be assigned to individuals
separated due to parenthood, pregnancy, and/or childbirth.
code may not bar enlistment,
Recruiting personnel are responsible for determining
obtained.
whether an individual meets the standards for reenlistment, and
whether or not a request for a waiver of a reenlistment code is
feasible.
receive an RE-4 reenlistment code, which means that the
individual is not recommended for retention or reenlistment.
An individual separated for this reason may also
but requires that a waiver be
This
i.
Character of service is based, in part, on conduct and
overall trait averages which are computed from marks assigned
during periodic evaluations.
at the time of his separation for a fully honorable
characterization of service.
A trait average of 2.0 was required
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes Petitioner's overall satisfactory record and that
he served without disciplinary infraction.
The Board also notes
that even though Petitioner's trait averages differ on his
enlisted performance record and his performance evaluation, both
marks exceed the required average of 2.0 which is needed for a
The Board further
fully honorable characterization of service.
notes Petitioner's only performance evaluation of record in which
he was recommended for retention and promotion and believes that
the sole reason for separation was due to him being nondeployable
because he could not find adequate child care.
2
The Board concludes that since an RE-3B reenlistment code is
authorized by regulatory guidance for an individual who is
such a reenlistment code is
separated by reason of parenthood,
more appropriate than the RE-4 reenlistment code now of record.
Further, given Petitioner's overall satisfactory record and
sufficiently high trait average,
in the form of recharacterization of Petitioner's discharge is
also appropriate.
the Board concludes that relief
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
assigned on 29 March 1996, to RE-3B.
b.
That Petitioner's naval record be corrected to show that
he was honorably discharged on 29 March 1996 vice the general
discharge actually issued on that same day.
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,
maintained for such purpose,
part of Petitioner's naval record.
for retention in a confidential file
with no cross reference being made a
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.
Recorder
ZSAIMAN
Acting Recorder
3
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 Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Na
Executive
4
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