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NAVY | BCNR | CY2007 | 02216-07
Original file (02216-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100



 SJN
Docket No: 2216-07
 15 February 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         Subj REVIEW OF NAVAL RECORD OF
Ref:     (a) 10 U. S.C. 1552
End:     (1) Case Summary
                   (2) Subjects naval record

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting that his RE-4 reenlistment code be changed.

2.       The Board, consisting of Mr. ____ / Mr. and reviewed Petitioner’s allegations of error and injustice on 6 February 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.       Although 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 October 1998, Petitioner enlisted in the Navy at age
 20.
d.       Based on the information currently contained in the record, it appears that Petitioner’s commanding officer subsequently initiated administrative separation action by reason of convenience of the government. In connection with this processing, Petitioner would have acknowledged the separation action and been afforded an opportunity to submit a statement. Apparently, the separation authority approved the discharge recommendation
e.       On 31 January 2000, Petitioner received a performance evaluation that did not recommend retention and referenced the Military Personnel Manual, paragraph 1910-122, which is separation due to a personality disorder.
f.       On 31 January 2000, a DD Form 214 was issued showing a separation code of JFV, which is separation due to a condition not a disability and referenced by paragraph 1910-1220 of the Military Personnel Manual. However, block 25 of the DD Form 214 references paragraph 1910-122, which is separation due to a personality disorder.
g.       On 31 January 2000, Petitioner was honorably discharged by reason of convenience of the government due to a condition not a disability and assigned an RE-4 reenlistment code.
h.       In his application, Petitioner states that he never wanted to be discharged, but did receive an honorable discharge because he always carried out all orders. He further states that he is currently attending college and desires to be considered for reenlistment and believes an RE-3G reenlistment code is more appropriate.
i.       Regulations in effect at the time Petitioner was discharged authorized the assignment of an RE-4 or RE-3G reenlistment code to Sailors who were honorably discharged by reason of convenience of the government due to a condition not a disability or due to a personality disorder.

CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. In this regard, the Board finds that the record does not clearly identify Petitioner’s reason for discharge and there is no evidence in the record to show that he is not qualified for reenlistment. Furthermore, the Board notes that Petitioner served without disciplinary infractions and should be given an opportunity for reenlistment consideration. Accordingly, the record should be corrected to show that he was assigned an RE-3G reenlistment code.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was assigned a reenlistment code of RE-3G on 31 January 2000, vice the RE-4 reenlistment code actually assigned on that date.




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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 ID. ZSALMAN       BRIAN J. GEORGE
 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 Director























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