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NAVY | BCNR | CY2005 | 07180-05
Original file (07180-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SJN
Docket No: 07180-05
 27 February 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO

Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attachments
(2)      Case Summary
(3)      Subject’s naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marines Corps, filed enclosure (1)
with this Board requesting a change in his reenlistment code.
2 The Board, consisting of Mr Mr a nd Mr reviewed Petitioner’s allegations of error and injustice on 23 February 2006 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 8 June 1999 at age 20. Petitioner’s served for four years without disciplinary action and received the Good Conduct Medal. Although the record reflects that he failed the physical readiness assessment (PFA) on three occasions, he was advanced to petty officer third class and his evaluations reflect generally satisfactory performance.


d.       On 10 December 2002 Petitioner signed an enlisted performance evaluation for the period 16 June to 30 November 2002 in which he was not recommended for advancement or retention. The evaluation assigned an adverse mark in the marking category of military bearing, but satisfactory marks in all other categories. The evaluation also noted that he failed three PFA’s within a four-year period. On 6 June 2003, Petitioner was honorably released from active duty and transferred to the Naval reserve at the expiration of his active obligated service, and assigned an RE-4 reenlistment code.
e.       The reenlistment code of RE-4 means that Petitioner is not recommended for reenlistment, however, he could have been assigned a reenlistment code of RE-3F, meaning that he was not permitted to reenlist because of PFA failures.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action based on his overall record of military service, including his satisfactory performance, promotion to petty officer, the lack of disciplinary actions and the award of the Good Conduct Medal. The Board therefore concludes that no useful purpose is served by the assignment of the most restrictive reenlistment code of RE-4, and assignment of the RE-3 code more accurately reflects the quality of his service.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 6 June 2003 Petitioner was issued a RE-3F reenlistment code vice the RE-4 reenlistment code actually issued on that date.
b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 16 September 2005.
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 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.


W.       DEAN PFEIFFER
Executive Director

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