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NAVY | BCNR | CY2007 | 05964-07
Original file (05964-07.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘

WASHINGTON DC 20370-5100

 

SIN
Docket No: 05964-07
15 April 2008

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL OF RECORD OF %&

 

Ref: (a) 10 U.S.c. 1552
(b) OPNAVINST 1160.5¢c

Encl: (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 a change in her RE-4 reenlistment code.

   
   
 
 

 
 

2. The Board, consisting of Mr. ae ie, Mr. @ mt, and
Mri. ceviewed Petitioner's al egations of error and
injustice on 9 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. Although enclosure (1) 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.

enlistment when she was notified by emergency Red Cross message
that her sister, who had custody of her two children, received a

promotion at work, and since the new position would require
longer hours, she could no longer care for her boys. As a result,
Petitioner’s sister left the children in the care of their
elderly mother who is a diabetic and confined to a wheelchair.

d.. On 29 October 1996, Petitioner submitted a request for a
hardship discharge due to her not being able to mobilize and
properly care for her dependent children. The discharge

 

—.__.. authority directed an honorable discharge by reason.of 0

convenience of the government due to hardship and assigned a
reenlistment code of RE-4. Petitioner was discharged on

8 November 1996.

e. In her application, Petitioner contends that her children
are of age and now wants to reenter the Navy. The reenlistment

code of RE-4 means that Petitioner is not recommended for
reenlistment. However, she could have been assigned a code of

RE-~3H, meaning that she was discharged due to hardship.

CONCLUSION:

Upon review and consideration of all the evidence of record, the

Board concludes that Petitioner's request warrants favorable
action. The Board therefore concludes that no useful purpose is

served by assignment of the most restrictive reenlistment code of
RE-4, and assignment of the RE-3H code more accurately reflects

the quality of her service.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on. 8 November 1996 she was issued an RE-3H reenlistment code vice
the RE-4 reenlistment code actually issued 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.
ROBERT D\JZSALMAN 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.

Executive D oO,

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