DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 07384-01
21 March 2002
-I From:
To:
Subj:
Ref:
.Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD OF
I:;
(1)
(2)
(3)
10 U.S.C. 1552
OPNAVINST
1160.5C
DD Form 149 w/attachments
Case Summary
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 his reenlistment code be changed.
The Board, consisting of Ms.
LeBlanc, and Suiter
2.
reviewed Petitioner's allegations of error and injustice on 20
March 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
Humbard,
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.
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 waiver the statute of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Naval Reserve on
16 November
1985 at age 17 in pay grade E-l.
active duty on 20 November 1985 in the Active Mariner Program.
He reported for 36 months
d.
Petitioner served without incident until 13 November
1986, when he received nonjudicial punishment for failure to obey
a lawful order.
seven days restriction.
On 30 July 1987, Petitioner again
received nonjudicial punishment for failure to obey a lawful
Punishment imposed was forfeitures of $50 and
order.
restriction.
Punishment imposed was forfeitures of $100 and 10 days
e.
Petitioner then continued to serve without further
However, on 19 November
incident, receiving two performance evaluations, that assigned a
satisfactory overall rating of 3.4.
1988, he was not recommended for reenlistment due to failure to
The
meet the professional growth criteria for his pay grade.
enlisted performance evaluation for the period of 31 March 1988
to 19 November 1988 was not made a part of his
and his Enlisted Performance Record (Page
he was not recommended for retention.
reflects that he received an overall rating of 3.6 on this
The record reflects
evaluation, with no mark lower than 3.4.
that on 19 November 1988 he was transferred to the Naval Reserve
upon completion of his term of active obligated service with an
RE-4 reenlistment code.
military,_records,
9), does indicate that
However, the Page 9
f.
Reference (b) provides that for the first reenlistment
an individual must in order to meet the professional growth
criteria be serving as a petty officer,
having passed an advancement examination to pay grade E-4 and be
or have formerly been a
currently recommended for advancement,
petty officer in the current enlistment and be currently
recommended for advancement to pay grade E-4. Reference (b)
further states that upon separation from active duty, members
serving in pay grades E-3 who have failed to meet these criteria,
but who are eligible in all other respects and recommended for
advancement, shall be assigned reenlistment eligibility code
3R (Eligible for Probationary Reenlistment).
serving in pay grade E-3
RE-
CONCLUSION:
officerls non-recommendation for reenlistment. In
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
It appears to the Board that Petitioner may have been
action.
issued an RE-4 reenlistment code based solely because of his
failure to meet the professional growth criteria and not due to
the commanding
this regard, the Board-notes the satisfactory marks on the last
evaluation, and concludes that Petitioner most probably was
recommended for advancement.
that states that he was not recommended for advancement or
reenlistment, the Board believes that assignment of an RE-4
reenlistment code was unjust,
the more favorable RE-3R reenlistment code.
foregoing, the Board finds the existence of an injustice
warranting the following corrective action.
Without substantial documentation
given his apparent
In view of the
eligibiliky for
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code,
3R.
assigned on 19 November 1988, to
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
reference 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
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.
Executive Di
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