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NAVY | BCNR | CY2006 | 01399-06
Original file (01399-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO
CRS
Docket No: 1399-06
27 October 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)      DD Form 149 w/attachments
 (2)      Case Summary
(3)      Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Na , filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by changing the RE-4 reenlistment code assigned on 12 April 2004.

 2. The Board, consisting of Mr., Mr. , and Ms. reviewed Petitioner’s allegations of error and
 injustice on 4 October 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 7 March 2004. Petitioner did not have any disciplinary action during his brief period of service.
d.       On 19 March 2004 Petitioner informed medical authorities that he had a muscular tear in his foot a month prior to enlisting. On 12 April 2004 he received an entry level separation by reason of erroneous enlistment. At that time, he was assigned a reenlistment code of RE-4.
e.       Applicable directives authorize the assignment of either an RE-3E or RE-4 reenlistment code to an individual separated for the above reason.
 CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board concludes that the reenlistment code of RE-3E should be assigned since there is no evidence that Petitioner had any disciplinary infractions during his brief period of service and his record does not otherwise support the more stigmatizing code of RE-4.

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that on 12 April 2004, Petitioner was assigned an RE-3E reenlistment code instead of 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 purpose, with no cross reference being made a part of 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.



















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