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NAVY | BCNR | CY2006 | 06703-06
Original file (06703-06.rtf) Auto-classification: Approved
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                            2 NAVY ANNEX    
                                                      WASHINGTON DC 20370-5100


                                                                                          CRS
 Docket No: 6703-06
3 December 2007
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
En cl :    (1) Case Surn m ary
                   (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), , Petitioner applied to this Board requesting that his naval record be corrected by changing his reentry code issued on 30 July 2006. He also request that he be advanced to petty officer third class
 (CS3; E—4).
         2        The Board, consisting of Ms and Mr reviewed Petitioners allegations of error and injustice on 20 November 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 Petitioners 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 enlisted in the Navy on 31 July 2001. On 27 July 2006, he received an evaluation report which shows that although he was a highly regarded pastry chef, he was not qualified or recommended for retention or reenlistment because he had failed both portions of the physical fitness assessment. He was honorably released from active duty on 30 July 2006 and transferred to the Navy Reserve. A letter dated 17 November 2006, indicates that the Commander, Navy Personnel Command, directed that Petitioner be honorably discharged from the Navy upon his transfer to the Army, and that he was recommended for reenlistment



c.       Petitioner states that he was advanced to CS3. The available records show, however, he passed the test but was not advanced. This is understandable since it appears that he was
 not in a promotable status due to his failure of the physical fitness assessment.
e.       An RE-3F reentry code may be awarded to an individual who is honorably separated at the expiration of active obligated service. That code indicates that he failed the physical fitness assessment.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. In this regard, the Board notes that Petitioner’s record was free of any disciplinary action and he was known as an excellent pastry chef. The Board also notes the action of the Navy Personnel Command in recommending him to the Army mitigates Petitioner’s reentry code of RE-4. Therefore, the Board concludes that Petitioner’s overall record does not warrant the most restrictive reentry code of RE-4 and that it would be appropriate and just to change his reentry code to RE-3F.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 30 July 2006, he was assigned an RE-3F reentry code instead of the RE—4 reentry code actually assigned on that date.
b.       That no further relief be granted.
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. Z SALMAN
 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 PFEIFFER
Executive Director

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