DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100TRG
Docket No: 10137-05
28 March 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ggasi
Ref: (a) Title 10 U.S.c. 1552
Encl: (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. @iMand mr.
nets, ceviewed Petitioner's allégations of error and
injustice on 20 March 2007 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 1 August 1996 at age
17 and subsequently reenlisted. During the period from 13
November 2002 to 16 July 2004 he received adverse performance
evaluations. The evaluation for the period ending 15 July 2003
indicates that he had failed the physical fitness assessment
(PFA) and he was assigned an adverse mark of 1.0 in the category
of military bearing/character. The individual trait average
(ITA) was 2.67 and he was not recommended for promotion or
retention in the Navy. The evaluation comments state, in part,
as follows:
- Advancement recommendation withdrawn due to four PFA
failures in the four year period starting 1 May 2000.
- (He) is an extremely reliable, responsible and
conscientious corpsman.
d. The evaluation for the period 16 July 2003 to 16 July
2004 indicates that Petitioner failed the PFA and was not within
weight standards. He was again assigned an adverse mark of 1.0
in military bearing/character. The ITA was 3.0 and he was not
recommended for promotion or retention in the Navy. The
evaluation comments state, in part, as follows:
- Always produces exceptional work with minimal
supervision. Hardworking and seeks extra
responsibilities.
- Failed to meet the minimum body composition standards
- failed the run/walk in the spring 2004 PFA cycle.
e. On 31 July 2004 Petitioner was honorably discharged by
reason of nonretention on active duty with an RE-4 reenlistment
code. Since he had not been recommended for promotion he was
still serving in paygrade E-3. At that time, he was not
recommended for reenlistment and was assigned an RE-4
reenlistment code.
e. Petitioner is apparently living in Okinawa, Japan. He
states that he is being denied employment at the naval hospital
because the RE-4 reenlistment code is preventing him from
receiving the approval for employment required under the Status
of Forces Agreement.
f. The Board is aware that when the narrative reason for
discharge is nonretention on active duty, the only authorized
codes are RE-3M, RE-4 or RE-6. As indicated, Petitioner was
assigned an RE-4 reenlistment code and the other two codes do not
fit the circumstances of his situation. However, the regulation
that became effective on 10 May 2005 authorized an RE-3F
reenlistment code to individuals who are denied reenlistment
denied reenlistment 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. Clearly, Petitioner is a well qualified corpsman who was
only denied reenlistment because of PFA failures. There was
certainly no intent that the code prevent him from being employed
at a position for which he is otherwise qualified. Therefore,
the Board concludes that a change in the reenlistment code is
appropriate. Although the RE-3F reenlistment code did not become
effective until after Petitioner's discharge, the Board concludes
that since it accurately reflects the facts of the case, it
should now be assigned as an exception to the policy which was in
effect at the time of his discharge.
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 assignment of the
RE-3M reenlistment code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by issuing a DD
Form 215 showing that on 31 July 2004 he was assigned an RE-3M
reenlistment code vice the RE-4 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 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 PF
Executive Dir
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