DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No. 00353-03
9 June 2003
From:
To:
Subj:
Ref:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) 10 U.S.C. 1552
(b) OPNAVINST
1160.5C
(c) BUPERSINST 1900.8
Encl:
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, an
1.
applied to this Board requesting
enlisted member of the Navy,
that his naval record be corrected to show a reenlistment code
that would allow him to reenlist instead of the RE-4 code issued
at the time of his separation on 3 March 1995.
The Board, consisting of Mr. Pfeiffer, Mr. Haney, and Ms.
2.
LeBlanc, reviewed Petitioner's allegations of error and injustice
on 4 June 2003, 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.
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 statue of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Naval Reserve on 31 August
1992 at age 21. On 4 November 1992, he reported for 24 months of
On 4 November 1994, Petitioner extended his active
active duty.
duty obligation for four months.
duty, Petitioner was advanced only to
During his period of active
paygrade E-2.
d.
Petitioner served without incident while on active duty
and was released from active duty with an honorable
characterization of service and assigned a reenlistment code of
RE-4 on 3 March 1995.
e.
During his two years and four months of active duty,
Petitioner attained conduct and overall trait averages of 3.4 and
Further, he was recommend for advancement and
3.5, respectively.
retention on both performance evaluations.
f.
Reference (b) requires the issuance of an RE-4
reenlistment code to individuals who have completed their
enlistment and are serving in paygrades E-l or E-2 at the time of
However, reference (c)
their release from active duty.
authorizes an RE-7 reenlistment code for an individual
Petitioner who satisfactorily completes a two-year period of
active duty In the Naval Reserve.
such.as
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action due to his satisfactory performance evaluations that
clearly state he was recommended for retention and advancement,
and especially considering the absence of documented legal
problems or adverse comments in his service record.
the record should be corrected to show a reenlistment code of
7 vice the reenlistment code of RE-4 actually assigned.
Accordingly,
RE-
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
Petitioner was assigned an RE-7 reenlistment code vice the RE-4
code actually assigned on 3 March 1995.
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 the this Report of Proceedings, for retention in a
confidential file maintained for that 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
P/k&
Acting Recorder
.
5 . Pursuant to the delegation of authority set out in Section 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 Navy.
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