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NAVY | BCNR | CY2006 | 00925-06
Original file (00925-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        

                  SJN
                  Docket. No: 09525-06
                  11 May 2007


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

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 Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.
2.       The Board, consisting of Mr. reviewed Petitioner’s allegations o error and injustice on 2 May 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner reenlisted in the Navy on 1 December 2001 for three years. Petitioner’s served over five years without disciplinary action. Although the record reflects that he failed the physical fitness assessment (PFA) on four occasions, he was advanced to petty officer second class and his evaluations reflect generally satisfactory performance.
d.       On 13 December 2004 Petitioner signed an enlisted performance evaluation for the period 16 March 2004 to 6 February 2005, in which he was not recommended for advancement or retention. That evaluation noted the four PFA failures and assigned an adverse mark in the marking category of military bearing, but satisfactory marks in all other categories. On 5 February 2006, Petitioner received an honorable discharge at the expiration of his active obligated service and assigned an RE-4 reenlistment code.
e.       With his application, Petitioner states that he was not within body fat measurements at the times of his PFA’s and is currently on a diet plan.
f.       The reenlistment code of RE-4 means that he is not recommended for reenlistment. Assignment of a reenlistment code of RE-3F would mean that he failed the PFA, but was otherwise recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
The Board relies on Petitioner’s overall record of military service, including his promotion to petty officer second class and overall satisfactory performance and concludes that no useful purpose is served by the assignment of the most restrictive reenlistment code of RE-4, and that an RE-3F code more accurately reflects the quality of his service.
RECOM M ENDATION:
a.       That Petitioner’s naval record be corrected to show that on 5 February 2006 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 2 November 2006.
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.
         C-
 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 PFIEFFER
                                                      Executive Director
                                                                       

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