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NAVY | BCNR | CY2003 | 08708-03
Original file (08708-03.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
         BOARD F OR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100
          FC
 Docket No. 8708-03
9 August 2004
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF
        
         Ref:     (a) 10 U.S.C. 1552
                   (b) BUPERSINST 1900.8
         End:      (1) Case Summary
                  (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a retired enlisted member of the Navy, applied to this Board requesting that his naval record be corrected to show a more favorable reenlistment code.
2.       The Board, consisting of Mr. Mr. r eviewed Petitioner’s allegations of error and injustice on4 Augustl 2004, 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, regulations and policies,
3.       The Board, having reviewed all the facts of record pertaining to Petitioner allegation of error and injustices 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 waive the statute of limitations and review the application on its merits.
c.       Petitioner enlisted in the Naval Reserve on 8 March 1994 for eight years, and commenced 36 months of active duty on 25 July 1994 at age 18. He served without disciplinary incident until 1 January 1995, when he received nonjudicial punishment (NJP) for dereliction of duty by sitting down during a forward lookout watch, and failure to obey an order to stand up while on forward lookout watch on two separate occasions. He was awarded forfeitures of pay, restriction, extra duty and a suspended reduction to paygrade E-1. On 16 March 1996 he was advanced to paygrade E-3. On 24 July 1997 Petitioner was released from active duty with an honorable characterization of service and assigned a reenlistment code of RE-4. On 7 March 2002 he received an honorable discharge.
d.       There are no performance evaluations in the record.
e.       Reference (b) authorizes the assignment of the less stigmatizing reenlistment code of RE-3R if an individual is serving in paygrade E-3 and not eligible to reenlist because of the failure to meet professional growth criteria, but is otherwise qualified for reenlistment and recommended for promotion.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action due to his overall satisfactory record as shown by his promotion to paygrade E-3 shortly after the receipt of his only NJP, and the lack of any other documented disciplinary action or performance evaluations. Therefore, the record should be corrected to show the less stigmatizing reenlistment code of RE3R vice the reenlistment code of RE-4 actually assigned.
RECOD.~1MENDAT ION:
a.       That Petitioner’s naval record be corrected to show that on 24 July 1997, Petitioner was assigned an RE-3R reenlistment code vice the RE-4 code actually assigned.
c.       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.
d.       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. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

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 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.












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