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NAVY | BCNR | CY2007 | 05655-07
Original file (05655-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

 TJR
 Docket No: 5655-07
22 May 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW NAVAL RECORD OF
        
         Ref:     (a)      10       U.S.C.   1552
End:     (1) DD Form 149 with attachments
 (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 that her reenlistment code be changed.
2.       The Board, consisting of Messrs and reviewed Petitioner’s allegations of error and injustice on 20 May 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 23 September 2003 at age 19 and began a period of active duty on 8 October 2003, and she served without disciplinary incident.
d.       Although the record is incomplete, it appears that Petitioner submitted a request for a hardship discharge. The record clearly shows that her request was approved at all levels of review and that she was subsequently processed for an administrative separation by reason of hardship.
e.       On 18 January 2005 Petitioner was honorably discharged by reason of convenience of the government due to hardship, and was assigned an RE-4 reenlistment code.
f.       An RE-3H reenlistment code maybe assigned to Sailors separated due to hardship and/or dependency. This code may not bar enlistment, but requires that a waiver from recruiting personnel who are responsible for determining whether an individual meets the standards for reenlistment, or if a request for a waiver of a reenlistment code is feasible. A Sailor separated for this reason may also receive an RE-4 reenlistment code, which means that the individual is not recommended for retention or reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
The Board’s finding is based on Petitioner’s length of service without disciplinary incident, and the fact that her sole reason for separation was based on her hardship. Based on the foregoing, the Board believes that Petitioner would have been retained if it were not for her hardship, and concludes that since an RE-3H reenlistment code is authorized by regulatory guidance for a Sailor who is separated by reason of hardship, such a reenlistment code is more appropriate than the RE—4 reenlistment code now of record.
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected by changing the RE-4 reenlistment code assigned on 18 January 2005, to RE-3H.
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.


2



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        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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