DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 7518-01
28 February 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
NAVAL RECORD 0
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) 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 Messrs.
2.
reviewed Petitioner's allegations of error and injustice on
27 February 2002 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
Caron,
Novello, and Kim,
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.
Petitioner's application to the Board was filed in a
timely manner.
C .
The records provided for the Board's review in
Petitioner's case were incomplete.
reflect that Petitioner reenlisted in the Navy on 15 July 1996
for two years as an HN (E-3).
At the time of his reenlistment,
However, available records
During his
he had completed nearly six years of active service.
prior enlistment, he was twice awarded the Navy Achievement
Medal, once for rescuing a grievously injured Marine.
Petitioner extended his last enlistment for an additional period
of four months on 7 October 1996 and was advanced to HM3 (E-4)
on 16 June 1997.
14 November
1998 and assigned an RE-4 reenlistment code.
discharge, he had completed a total of eight years and 19 days
of active service.
Conduct Medals, indicating he
actions.
During his service, he earned two Good
had received no disciplinary
He was honorably discharged on
At the time of his
d.
An RE-4 reenlistment code means that an individual is
and may not reenlist without prior
Personnel Command.
The record
why Petitioner was assigned an
not recommended for retention
approval from Commander, Navy
contains no explanation as to
RE-4 reenlistment code.
regulations provided for a high year tenure (HYT) limit of 10
years for individuals serving in pay grade E-4.
an individual serving in pay grade E-4 was eligible to
reenlist/extend provided the enlistment and/or extension did not
obligate the service member for more than 10 years of total
active service.
years.
In June 2000, the HYT limit was changed to 12
At the time of Petitioner's discharge,
This means that
CONCLUSION:
It appears to the Board that Petitioner may have been
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
assigned an RE-4 reenlistment code because a minimum two-year
enlistment contract would have exceeded the then existing HYT
limit of 10 years.
RE-4 reenlistment code seems unjust since his record shows he
earned two Good Conduct Medals and was twice decorated, once for
rescuing a grievously injured Marine.
subsequent to Petitioner's discharge, the HYT limit was extended
to 12 years.
concludes that it would be appropriate and just change the
reenlistment code to RE-1.
Absent evidence to the contrary, the Board
However, the Board believes assignment of an
The Board also notes that
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by changing
assigned on 14 November 1998, to
the RE-4 reenlistment code,
RE-1.
2
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.
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
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),
Board on behalf of the Secretary of the Navy.
has been approved by the
3
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