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NAVY | BCNR | CY2006 | 10267-06
Original file (10267-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037O~51OO

 SMW
 Docket No: 10267-06
16 May 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD USNR,
 Ref:     (a) 10 U.S.C. 1552
End:     (1) Case Summary
(2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy Reserve, applied to this Board requesting a change in his reenlistment code.
2.       The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 15 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.       Although the Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.
c.       On 21 March 1991 Petitioner enlisted in the Navy Reserve at age 21 and began a two-year period of active duty on
 1 April 1991.
d.       Petitioner then served without incident and was promoted to pay grade E-3 on 16 October 1992
e.       On 31 March 1993 Petitioner was honorably released from active duty due to completion of active obligated service and assigned an RE-3R reenlistment code.
f.       During Petitioner’s period of active service he completed 20 months of sea service and was awarded the National Defense Service Medal and Sea Service Deployment Ribbon.
g.       In his application, Petitioner states that the RE-3R reenlistment code is preventing him from reenlisting in the Navy. He further states that he honorably completed his service and believes the RE-3R reenlistment code is an error.
h.       Regulations in effect at the time Petitioner was released from active duty authorized the assignment of an RE-3R reenlistment code to Sailors who completed their enlistment and did not meet professional growth criteria. The assignment of an RE-3R reenlistment code normally meant that an individual serving in the pay grade of E-3 was recommended for advancement but had not passed an examination for advancement to pay grade E-4. Regulations also authorize the assignment of an RE-i reenlistment code to Sailors who were eligible for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. In this regard, Petitioner was promoted to E-3 only five months before his release from active duty and he did not have sufficient time in grade for advancement to pay grade E-4. Furthermore, the Board notes that Petitioner completed his required active service, had extensive sea duty, served without disciplinary infractions and was even promoted to E-3 within 18 months of beginning active duty. Accordingly, the record should be corrected to show that he was assigned an RE-i reenlistment code.
RECO M MENDATION:
a.       That Petitioner’s naval record be corrected to show that he was assigned a reenlistment code of RE- I on 31 March 1993 vice the RE-3R reenlistment code actually assigned on that date.
b.       That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the change in his 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 PFEIFFER
Executive Dir ector












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