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NAVY | BCNR | CY2006 | 02405-06
Original file (02405-06.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

SIN
Docket No: 02405-06
4 April 2007

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 

Subj: AVAL OF RECORD

    
 

REVIEW OF

Ref: (a) 10 U.S.C. 1552

Encl: (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 enciosure (1) with this
Board requesting a change in her reenlistment code.

2. The Board, consisting of vr =e Ms . (Re.

Mr wij. reviewed Petitioner's allegations of error and
injustice on 28 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. Enclosure (1) was filed in a timely manner.

c. Petitioner enlisted in the Navy on 23 September 1992 at
age 20. During her short period of service, Petitioner received
no disciplinary actions and was advanced to paygrade E-2.

dad. On 23 December 1993, after 15 months of active duty,
Petitioner was honorably released from active duty by reason of
pregnancy. At that time, she was assigned and RE-4 reenlistment

code.
e. In her application, Petitioner contends that she became
pregnant and informed her chain-of-command. She was confused and
did not understand all of her options. After discussing her
options, she elected to accept separation from the service, and
was discharged about a month before the birth of her son.
Further, she states that she never had and disciplinary problems

and there are no medication conditions preventing her from
serving in the military. Finally, Petitioner states that her son
is now 12 years old and arrangements can be made if necessary to

reside with his father and step-mother.

f. The reenlistment code of RE-4 means that Petitioner is
not recommended for reenlistment. However, she could have been
assigned a code of RE-3B, meaning that she was discharged due to

pregnancy.
CONCLUSION:

Upon review and consideration of all the evidence of record, the

Board concludes that Petitioner's request warrants favorable
action based upon Petitioner’s overall record, including more
than a year of service, during which she was advanced in rank and
had no disciplinary actions. The Board therefore concludes that
assignment of an RE-~3B code more accurately reflects the quality

of her service.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 23 December 1993 Petitioner was issued a RE-3B 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.

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. GOSDSMITH
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.

eae

W.- DEAN R
Executive 4 tor

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