Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 07531-05
Original file (07531-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                           TJR
                                                                                          Docket No: 7531-05
                                                                                          1 March 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Sub j    REVIEW NAVAL    

Ref:     (a) 10 U.S.C. 1552
 (b)      OPNAVINST 1160.5C
(c)      BUPERSINST 1900.8
Encl :    (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 Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.
2.       The Board, consisting of Mr. Mr. and Ms.
 reviewed Petitioner’s a llega tions of error and injustice on 28 F ebruary 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 27 March 2001 at age
 21.      Petitioner served without disciplinary incident and was advanced to paygrade E-4.
d.       Petitioner’s record contains three performance evaluations for the period from 16 March 2003 to 15 September 2004 in which he was recommended for retention.
 e.       On 15 September 2004 Petitioner was honorably released from active duty and transferred to the Naval Reserve by reason of reduction in force. At that time he was assigned an RE-4 reenlistment code.
f.       Reference (b) authorizes the issuance of an RE-4 reenlistment code to Sailors who have completed their enlistment and are serving in paygrade E-4 at the time of their release from active duty. The assignment of an RE-4 reenlistment code under these circumstances means that a Sailor is not eligible for reenlistment due to nonreco m mendation of retention, advancement, and reenlistment. However, reference (c) also authorizes an RE-i reenlistment code for a Sailor, such as Petitioner, who was recommended for retention.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action.
The Board notes that Petitioner served satisfactorily and without disciplinary infractions and an RE-i reenlistment code is now authorized by regulatory guidance for a Sailor who when separated is recommended for retention. Accordingly, the Board believes that an RE-i is now the most appropriate reenlistment code for Petitioner’s situation and that the record should be corrected to show that he was assigned such a code.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was assigned an RE-i reenlistment code on 15 September 2004 vice the RE-4 reenlistment 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 this Report of Proceedings, for retention in a confidential file maintained for such purposes, with no cross references being made a part of Petitioner’s naval record.





2
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 Dir ector

Similar Decisions

  • NAVY | BCNR | CY2009 | 12304-09

    Original file (12304-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code and nonrecommendation for reenlistment be changed. g. Reference (b) authorizes the issuance of an RE-4 reenlistment code to Sailors who have completed their enlistment and are serving in paygrade E-4 at the time of their release from active duty. That Petitioner’s naval record be further corrected to reflect that he was...

  • NAVY | BCNR | CY2007 | 08747-07

    Original file (08747-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board consisting of Messrsand reviewed Petitioner’s allegations of error and injustice on 17 June 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Reference (b) authorizes the issuance of an RE-4 reenlistment...

  • NAVY | BCNR | CY2009 | 09660-09

    Original file (09660-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. e. Reference (b) authorized the issuance of an RE-4 reenlistment code to Sailors who are not recommended for advancement, retention, or reenlistment at the time of...

  • NAVY | BCNR | CY2005 | 00451-05

    Original file (00451-05.doc) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. In order to receive an RE-3R reenlistment code, a Sailor must be recommended for advancement or be promotable. Based on the foregoing, the Board concludes that Petitioner’s record does not warrant the worst reenlistment code of RE-4, and that code should be changed to RE-3R.

  • NAVY | BCNR | CY2006 | 02668-06

    Original file (02668-06.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board, consisting of Messrs andreviewed Petitioner’s allegations of error and injustice on 3 October 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Petitioner’s separation performance evaluation for the period...

  • NAVY | BCNR | CY2010 | 12438-10

    Original file (12438-10.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TOR Docket No: 12438-10 7 July 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD oF iii] E -¥ : : Ref: fa) 1060 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, filed enclosure (1) with this Board requesting that his RE-4 (nonrecommendation for retention) reenlistment code...

  • NAVY | BCNR | CY2009 | 02256-09

    Original file (02256-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON BC 20370-5100 TUR Docket No: 2256-09 25 January 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD 02y@———_RAadiazil Ret: (a) dQ U.S.C. The Board also takes into account Petitioner's record, which reflects honorable service and the lack of documentation specifying why he was not recommended for retention, advancement, or reenlistment. That...

  • NAVY | BCNR | CY2008 | 05400-08

    Original file (05400-08.pdf) Auto-classification: Approved

    Reference (b) authorizes an RE-1 reenlistment code for a Sailor, such as Petitioner, who was recommended for advancement and retention at the time of his/her release from active duty. The Board believes that the RE-4 reenlistment code assigned at the time of Petitioner’s release from active duty was an error and that the nonrecommendation for reenlistment at the time of her discharge was based solely on this error. That Petitioner’s naval record be corrected to show that she was...

  • NAVY | BCNR | CY2008 | 05358-08

    Original file (05358-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. Documentary material considered -by the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. That Petitioner's naval record be corrected by changing the RE-4 reenlistment code, assigned on 3 June 2005, to RE-6.

  • NAVY | BCNR | CY2009 | 01703-09

    Original file (01703-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that her reenlistment code be changed. Reference (c), however, authorizes the issuance of an RE-3F reenlistment code for a Sailor, such as Petitioner, who was not recommended for retention due to PFA failures. That Petitioner's naval record be further corrected to show that she was recommended for reenlistment on 8 April 1996 vice not being...