DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8013-02
17 September 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Mr.-,
The Board, consisting of
Pursuant to the provisions of reference (a), Petitioner, an
1.
filed an application with
enlisted member of the Naval Reserve,
this Board requesting changes in the reason for discharge and
reenlistment code.
2.
eviewed Petitioner's allegations of error and injustice
on 3 September 2003 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
Before applying to this Board, Petitioner exhausted all
Mr.-and Mr.
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that Petitioner's application was
not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
Petitioner enlisted in the Navy on 20 July 1979 at age
C .
During the period 14 June 1980 to 25 April 1981 he received
18.
nonjudicial punishment on three occasions for assault, a short
disobedience and disrespect.
period of unauthorized absence,
Based on this record, he was processed for an administrative
discharge by reason of substandard performance or inability to
In connection with discharge the
adapt to military service.
commanding officer stated that despite efforts to help Petitioner
his professional performance was well below average, and he could
neither grasp nor abide by the fundamental standards of military
discipline.
A general discharge was issued because he did not
January 1982.
Petitioner was issued a general discharge on 12
have the required 3.0 average mark in conduct.
acknowledged that he was not recommended for reenlistment and was
assigned an RE-4 reenlistment code.
At that time, he
d.
On 11 January 1981 Petitioner was permitted to enlist in
the National Guard and served until he was honorably discharged
He has submitted evidence showing that he
on 10 January 1997.
received a perfect attendance ribbon,
attended a cook's course,
and his service was otherwise completely satisfactory.
e.
Petitioner was granted a waiver of the RE-4 code and on
21 January 1997 he enlisted in the Naval Reserve.
has served in a satisfactory manner has advanced to petty officer
third class (MS3; E-4) and received good evaluations.
Since then he
f.
The Board considered Petitioner's case on 17 August
The Board found that he was properly discharged on January
1999.
1982, but concluded as follows:
.
.
. given his six years of service in the National
.
Guard, his current service in the Naval Reserve and the
other evidence showing he has been a good citizen, the
Board concludes that no useful purpose is now served by
the general discharge and it
recharacterized to honorable
However, Petitioner's request for
reenlistment code was denied.
should now be
as a matter of clemency."
a change in the RE-4
g -
Petitioner is now requesting changes in the reason for
With his application, he
his discharge and reenlistment code.
has submitted evidence showing that he is employed as a computer
technician and is a long-time volunteer counselor at a youth
He has continued to serve in an excellent manner and has
center.
been awarded two Naval Reserve Meritorious Service Medals, the
Armed Forces Reserve Medal,
He recently completed a 28 day period
Overseas Service Ribbon.
of active duty for special work in support of Operations Noble
The DD Form 214 issued at that time
Eagle and Enduring Freedom.
shows an RE-Rl reenlistment code.
and the Navy and Marine Corps
h.
When a reason for discharge is found to be erroneous or
inappropriate, and no other reason for discharge is warranted,
the regulations allow for discharge by reason of best interest of
If an individual is so
the service or "Secretarial Authority".
discharged, reenlistment codes from RE-1 to RE-4 are authorized.
CONCLUSION:
Upon review and consideration of all the evidence of record the
2
Since Petitioner has completed over 12 years of National
Board concludes that Petitioner's request warrants favorable
action.
Guard and Naval Reserve service since his discharge on 12 January
1982, the Board believes that he has now overcome the problems
which led to his discharge at that time, and further corrective
Therefore, the Board concludes that
action is warranted.
Petitioner's record should be corrected to show that on 12
January 1982 he was discharged by reason of Secretarial Authority
with an RE-1 reenlistment code.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for changing the reason for
discharge and reenlistment code.
RECOMMENDATION:
a.
12 January 1982 he was honorably discharged by reason of
Secretarial Authority with an RE-1 reenlistment code vice the
reason for discharge and reenlistment code now of record.
b.
naval record.
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
That Petitioner's naval record be corrected to show that on
(-&25??
That this Report of Proceedings be filed in Petitioner's
It is certified that a quorum was present at the Board's
ALAN E. GOLDSMITH
ROBERT D. ZSALMAN
Acting Recorder
Recorder
authority set out in Section
Pursuant to the delegation of
5.
the Board for Correction of
6(e) of the revised Procedures of
Regulations, Section 723.6(e))
Naval Records (32 Code of Federal
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 Navy.
.
3
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