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NAVY | BCNR | CY2006 | 07204-06
Original file (07204-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 2O370- 51OO

        
Docket No: 07204-06
23 January 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW NAVAL RECORD OF
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 a change in his reenlistment code.
         2. The Board, consisting of Mr.  , Mr. , and Ms. reviewed Petitioner’s allegations of error and injustice on 7 January 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.       Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statue of limitations and review the application on its merits.
c.       Petitioner enlisted in the Navy on 15 November 1999 at age 26 after four years of prior service in the Army. During his Army service he received the Army Achievement Medal and Good Conduct Medal. During his Navy enlistment, Petitioner served without disciplinary incident, was advanced to paygrade E-4 and received a Navy Achievement Medal.

d.       Petitioner’s wife was serving in the Army in a billet that required her to be deployable at a moment’s notice . She also was a crucial asset and her command would not separate her due to parenthood. Since she could not care for the children, Petitioner was left with this responsibility.
e.       On 16 April 2002 Petitioner submitted a family care certificate in which he stated that he could not comply with the Navy’s dependent care program. Administrative discharge action was initiated by reason of parenthood. He waived all of his procedural rights and, on 23 April 2002, Petitioner’s commanding officer recommended that he be discharged by reason of parenthood. On 18 June 2002 the discharge authority directed an honorable discharge by reason of parenthood and assigned a reenlistment code of RE-4. On 9 July 2002 Petitioner was so discharged.
f.       In his application, Petitioner contends that he now has someone who can take care of his children full time, and points out that his separation from the Navy was only for custody of his minor children.
g.       The reenlistment code of RE-4 means that Petitioner is not recommended for reenlistment, however he could have been assigned a code of RE-3B, meaning that he was discharged due to parenthood.
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 of military service, during which he was advanced in rank, had no disciplinary actions and received several awards. The Board therefore concludes that no useful purpose is served by assignment of the most restrictive reenlistment code of RE-4, and assignment of the RE-3B code more accurately reflects the quality of his service.

RECOMMENDATION:

 a.       That Petitioners s naval record be corrected to show that on 9 July 2002 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. 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 PFE IFFER
          Executive Director

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