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NAVY | BCNR | CY2005 | 09527-05
Original file (09527-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX   
                  WASHINGTON DC 20370~5 100

         TRG
                                                       Docket No: 9527 - 05
                                             21 September 2006

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

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
                   (2) Subjects 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 a change in his reenlistment code.
2 The Board, consisting of Mr Mr reviewed Petitioner’s allegations of error and injustice on 29 August 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 Petitioners 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 for four years on 30 May 2001. He then served without incident until 21 June 2002, when he was convicted of driving under the influence by a police court in Iceland. On 15 August 2003 he received nonjudicial punishment for an unspecified period of unauthorized absence. The punishment imposed included a suspended reduction in rate, restriction and extra duty.


                           d.       On 25 November 2003 Petitioner reported to the USS HIGGINS (DDG 76) for duty. About nine months later, he was advanced to petty officer third class. The discharge package is not filed in the record and the circumstances which led to his discharge by reason of hardship are unknown. The record shows that he was honorably discharged on 4 March 2005 by reason of hardship. At that time, he was not recommended for reenlistment and was assigned an RE-4 reenlistment code.

e.       Regulations allow for the assignment of an RE-3H or an RE-4 reenlistment code when an individual is discharged by reason of hardship. An RE-3H code will allow consideration for reenlistment if Petitioner can demonstrate that the hardship no longer exists.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Although the record is incomplete, Petitioner served with a clear record for about 19 months after the nonjudicial punishment and was advanced in rate during that period. Therefore, in the absence of evidence to the contrary, the Board concludes that the reenlistment code should now be changed to the less restrictive RE-3H code. This code will alert recruiters that there is a problem that must be resolved before he can be considered for reenlistment.
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 reasons 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 4 March 2005 he was assigned an RE-3H 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
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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