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NAVY | BCNR | CY2006 | 09446-06
Original file (09446-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 2O37 05100  

                                                      SJN
          Docket No: 09446-06
 11 May, 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD ICO

Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attac hm ents
 (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. reviewed Petitioner’s allegations of errbr and injustice on 2 May 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 31 July 2001 at age 18. Petitioner served over three years without disciplinary action, was advanced in rate to Airman (E-3), and received the Good Conduct Medal.
d.       On 30 April 2005 Petitioner was released from active duty and transferred to the Navy Reserve due to a reduction in force. At that time he was assigned and RE-4 reenlistment code. This code means that he is not recommended for reenlistment. The record is incomplete in that it contains no performance evaluations or any page 13 (administrative remarks)’ entries.
e.       For Sailors separated at the expiration of their first period of obligated service, OPNAVINST 1160.5C states that professional growth criteria must be met before they may reenlist. The instruction states, in part, as follows:
To satisfy professional growth criteria for the first reenlistment..., the member must be: (1) serving as a petty officer or, (2) serving in paygrade E-3 having passed an examination for advancement to paygrade E-4 and be currently recommended for advancement, or (3) have formerly been a petty officer in current enlistment and be currently recommended for advancement to paygrade E-4. Failure to meet the professional growth criteria may result in denial of further extensions or reenlistment.
An Sailor separated in paygrade E-3 who fails to meet the above criteria may receive a RE-3R reenlistment code if he/she is recommended for advancement to paygrade E-4 at the time of separation. If not, he/she must be assigned a RE-4 reenlistment code.

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 Petitioner’s overall record of military service, including and the lack of disciplinary actions and the award of the Good Conduct Medal. The Board therefore concludes that no useful purpose is served by the assignment of the most restrictive reenlistment code of RE-4, and assignment of the RE-3R code more accurately reflects the quality of his service.

 RECO M MENDAT ION:
a.       That Petitioner’s naval record be corrected to show that on 30 April 2005 Petitioner was issued a RE-3R 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.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on
 8 November 2006.
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 PFIEFFER
                                                      Executive Director

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