DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 640-07
19 July 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting an upgrade of his discharge and a change in his
reenlistment code.
2. The Board, consisting of Mr. aie, vr sqm and mr.
eviewed Petitioner's allegations of error and injustice on
18 July 2007, 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 Petitioner's application 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 17 June 2002 at age 17
with parental consent. At the time of enlistment, Petitioner had
completed 12 years of education.
d. Petitioner then served without incident. Based on the
information currently contained in the record, it appears that he
requested discharge by reason of convenience of the government
due to hardship, and the separation authority approved his
request.
e. The only performance evaluation in the record covers the
period from i October 2002 to 15 July 2003, the date of his
discharge from the Navy. This evaluation recommended him for
promotion and retention, and assigned an individual trait average
(ITA) of 3.33.
f. On 22 July 2003 Petitioner was separated with a general
discharge by reason of convenience of the government due to
hardship. At that time, he was assigned an RE-4 reenlistment
code.
g. In his application, Petitioner states that he received a
hardship discharge in order to provide care for his father who
had Alzheimer's disease. He further states that even though his
father is now being cared for by another family member, the RE-4
reenlistment code is preventing him from reenlisting in the armed
forces, and he would like to earn a fully honorable discharge.
h. Characterization of service is determined, in part, by the
average of all ITA's. An ITA average of 2.5 is required for a
fully honorable characterization of service. Petitioner's ITA
average is 3.3.
1. In addition, regulations in effect at the time Petitioner
was discharged authorized the assignment of an RE-4 reenlistment
code to Sailors that were discharged due to hardship. However,
regulations also authorized the assignment of an RE-3H
reenlistment code to Sailors discharged for that reason, who were
eligible for reenlistment except for the disqualifying factor of
hardship.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
Specifically, Petitioner's performance evaluation that covered
his last nine months of his total 13 months of service was
favorable, and even recommended him for promotion and retention.
In addition, the Board found no evidence of disciplinary actions,
and his final ITA average warranted a fully honorable discharge.
Therefore, the Board concludes that Petitioner's characterization
of service should be changed to honorable and his reenlistment
code should be changed to RE-3H.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was honorably discharged on 22 July 2003, vice the general
discharge actually issued on that date.
b. That Petitioner's naval record be further corrected to show
that he was assigned an RE-3H reenlistment code on 22 July 2003.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
d. That upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on
19 January 2007.
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. \
\SdueS
W. DEAN PFE
Executive Dil lor
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