DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 846-07
2 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
eA bs
pores Ta a a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(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 the reentry code he was assigned on 15
August 2002.
wo fhe Board, consisting of Mr. ih. Mr. ah and Mr.
rror an
reviewed Petitioner's allegations of e injustice
on 23 April 2008 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. Petitioner enlisted in the Navy on 18 September 1998.
On 21 February 2000 he received nonjudicial punishment for making
a false official statement on two occasions and theft.
c. Petitioner’s enlisted evaluation for the period 19 June
to 2 August 2002 recommended him for retention and early
promotion. He also had recently passed the MM3 examination.
d. On 15 August 2002 Petitioner was honorably released from
active duty and transferred to the Navy Reserve. He was assigned
a reentry code of RE-4,.
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 for nearly two and one-half
years from the time of his nonjudicial punishment. In addition
he was recommended for retention in his last evaluation and had
recently passed the MM3 examination. 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-1.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
that on 15 August 2002, he was assigned an RE-1 reentry code
instead of the RE-4 reentry code actually assigned 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.
Gs Fo
JAMES R. BKNICIOS
Acting Recorder
ROBERT D. ZSALMAN
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.
\\oe&
W. DEAN P
Executive
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