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NAVY | BCNR | CY2004 | 08198-04
Original file (08198-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX    
         WASHINGTON DC 20370-5100


                                                                        TRG
                                                                        Docket No: 8198 - 04
                                                                        26 July 2005


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:

 Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Naval Reserve, filed an application with this Board requesting a change in his reenlistment code.
2.       The Board, consisting of Mr. Leeman, Mr. Pfeiffer and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 16 August 2005 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’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 was filed in a timely manner.
c.       Petitioner enlisted in the Naval Reserve on 29 June 1990 and reported for three years of active duty on 12 September 1990. He was released from active duty on 11 September 1993 with his service characterized as honorable. The DD Form 214 issued at that time erroneously indicates that he was assigned an RE-3P reenlistment code. Subsequently, a DD Form 215 was issued changing the reenlistment code to RE-3R. Petitioner continued as a drilling reservist and was advanced to petty officer second class (BM2; E-5). He was honorably discharged on 28 June 1998 with eight years of qualifying service for reserve retirement purposes.
d.       Petitioner subsequently enlisted in the Coast Guard Reserve, On 14 September 2001 he reported for active duty and served for one year. At that time he was assigned an RE-i
 reenlistment code. Subsequently, he was honorably discharged from the Coast Guard Reserve, apparently to allow his reenlistment in the Naval Reserve.
e.       Petitioner reenlisted in the Naval Reserve on 30 October 2002. On 10 March 2003 he reported for active duty and remained on active duty until he was released on 7 March 2004. At that time, he was assigned an RE-Ri reenlistment code.
f.       Regulations require the assignment of an RE-3R reenlistment code to individuals who fail to advance to petty officer third class during a period of extended active duty, but is recommended for advancement and retention. Individuals assigned this code are recommended for a two year probationary reenlistment during which they must be advanced to petty officer. Since Petitioner was serving in pay grade E-3 at the time of his release from active duty on ii September 1993, the RE-3R reenlistment code was properly assigned.
g.       Petitioner states in his application that he is trying to reenlist in the Coast Guard but is having difficulties because of the RE-3R reenlistment code which was assigned on 11 September 1993. He states that the enlistment requirements have changed now that the Coast Guard is part of the Department of Homeland Security.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Since Petitioner has served in an excellent manner for about 11 years since he was assigned the RE-3R reenlistment code, the Board concludes that it should no longer have any effect on a reenlistment decision by the Coast Guard or any other military component. Therefore, Petitioner’s record should be corrected to show that on 11 September 1993 he was assigned an RE-i reenlistment code, vice the RE-3R reenlistment code now of record.
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 reason for the change in the reenlistment code.
RECONMENDATION:
a. That Petitioner’s naval record be corrected to show that on 11 September 1993 he was assigned an RE-i reenlistment code vice the RE-3R reenlistment code now of record.


2
b. That this Report of Proceedings be filed in 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.


ROBERT D. ZSALMAN        ALAN E. GOLDSMITH
Recorder         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 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.

                                                     


         W. DEAN PFEIFFER
Executive Director

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