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NAVY | BCNR | CY2006 | 03460-06
Original file (03460-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                     2 NAVY ANNEX
                   WASHINGTON DC 20370~5 100

                                                               SJN
                                                      Docket No: 03460-06
                                                                                           22 September 2006

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

Ref:     (a) 10 U.S.C. 1552
En cl :    (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 a change in his reenlistment code.
2 The Board consisting ~ reviewed Petitioner’s allegations of error a n d injustice on 20 September 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 16 May 2002 at age 24. During the first three years of his service, Petitioner was advanced to petty officer third class (YN3; E-4), and was awarded the Good Conduct Medal.




d.       On 10 June 2005, Petitioner signed an enlisted
performance evaluation covering the period from 21 April 2004 to 14 June 2005, that assigned him an overall trait average of 3.83 and strongly recommended him for advancement to second class petty officer.
e.       Petitioner’s performance evaluation covering the period from 15 June 2005 to 23 January 2006 is missing from the record. However, prior to Petitioner discharge, he signed an enlisted performance evaluation covering the period from 24 January to 15 May 2006 in which he was not recommended for advancement or retention due to his continued difficulties adjusting to shipboard lifestyle. It also stated he lacked the drive and initiative expected of a Sailor.
f.       Petitioner was honorably released from active duty on 15 May 2006 at the expiration of his enlistment and assigned an RE-4 reenlistment code.
g.       With his application, Petitioner states, in part, that he joined the Navy and was proud of serving his country. However, he requested a transfer from Hawaii to Puerto Rico to help with the family business, due to the deterioration of his parent’s health. When the request was denied, he states that he became stressed and his performance deteriorated, which led to his poor evaluation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action despite his final evaluation and assignment of an RE—4 reenlistment code. The Board considered Petitioner’s overall record of military service during his first three years of service where he had no disciplinary infractions, was advanced to third class petty officer, was enthusiastically recommendation for advancement, and received a Good Conduct Medal. Additionally, his decline in performance apparently may be explained, at least in part, by personal problems. Therefore, the Board concludes that the RE-4 reenlistment code, while technically proper, was inappropriate and an RE-i reenlistment code would more accurately reflect the quality of his service. Accordingly, the Board recommends the following corrective action:
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 15 May 2006 Petitioner was issued a RE-i 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        A LAN 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 PFEIFFER
Executive Director

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