DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No. 02796-03
27 October 2003
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD OF
(a) 10 U.S.C. 1552
(b) BUPERSINT 1900.8
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting that his naval record be corrected to show a more
favorable reenlistment code.
Board, consisting of Mr.
, reviewed Petitioner's a
and MR.
injustice
on 22 October 2003, and, pursuant to its regulations determined
that the corrective action indicated below should be taken on the
available evidence of record.
Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes,
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
regulations and policies.
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 Petitioner's application was not filed in a
timely manner, it is in the interest of justice to waive the
statue of limitations and review the application on its merits.
Petitioner enlisted in the Naval Reserve and commenced
twenty four months of active duty on 9 February 1992 at age 24.
He served without incident until he was honorably released from
8 February 1994.
active duty on
reenlistment code was assigned.
At that time, an RE-4
C .
d.
On 8 February 1994, Petitioner received a separation
performance evaluation.
an outstanding 4.0.
strongly recommended for advancement and retention.
In the narrative comments, Petitioner was
The overall performance mark average was
e.
Reference
(b) authorizes the assignment of an
reenlistment code of RE-7 to a Naval Reservist who completes an
initial twenty-four month period of active duty.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action due to the fact that he was recommended for advancement
and retention on his separation evaluation, and especially the
absence of documented legal problems or adverse comments in his
Accordingly, the record should be corrected to
service record.
show a reenlistment code of RE-7 vice the reenlistment code of
RE-4 actually assigned.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
8aFebruary 1994, Petitioner was assigned an RE-7 reenlistment
on
code vice the RE-4 code actually assigned on that date.
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.
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
ROBERT D.
Recorder
ZSALMAN
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
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
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