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NAVY | BCNR | CY2005 | 07663-05
Original file (07663-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX   
                                                      WASHINGTON DC


                                                                        TRG
                                                                                                    Docket No: 7663-05
1 March 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF
         -        -.       -I,


Ret:     (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, a former enlisted member of the Navy, filed an application with this Board requesting that his reenlistment code be changed.
2. The Board, consisting of Mr. Mr. and Ms.
         viewed Petitioners allegations of error and
 injustice on 22 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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 9 August 2005 at age 32. In connection with the enlistment a dependency waiver because he had three dependents, a wife and
processing, he was granted two children. During the moment of truth in recruit training,
Petitioner stated that his wife was pregnant and he would now
have four dependents.
d.       Based on this admission he was processed for separation by reason of fraudulent enlistment. However, the second page of the separation directive indicated that the separation should be an entry level separation by reason of erroneous entry. He was so separated on 26 August 2000. His enlistment could be considered to be erroneous because he would not have been enlisted if the Navy had been aware of his wife’s pregnancy. At the time of separation, he was not recommended for reenlistment and was assigned an RE-4 reenlistment code.

e.       Petitioner states in his application that he did not know his wife was pregnant until they were so informed on 9 August 2005, the date he reported to active duty. He desires a change in the RE-4 reenlistment code because he had prior reserve service and the code is preventing him from reenlisting in the reserves.
f.       Regulations allow for the assignment of an RE-3E or an RE-4 reenlistment code when an individual is separated by reason of erroneous enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Although he has not submitted any evidence to support his contention that he learned of his wife’s pregnancy on 9 August 2005, such a scenario is consistent with a separation by reason of erroneous enlistment. Since Petitioner was probably truthful when he enlisted, the Board concludes that an RE-3E reenlistment code would be more appropriate in this case. The code will alert recruiters that there is a problem that must be resolved before enlistment is authorized.
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.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by issuing a DD Form 215 to show that on 25 August 2005 he was assigned an RE-3E reenlistment code vice the RE-4 reenlistment code now of record.
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


2



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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