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NAVY | BCNR | CY2007 | 06099-07
Original file (06099-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100

                                             SMW
                                                                                           Docket No: 6099-07
                                                                                          28 February 2008

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
End:     (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 to change the RE-4 reenlistment code that was assigned on 1 May 2005.
2.       The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 27 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.       Petitioner’s application was filed in a timely manner.
c.       On 1 August 1998, Petitioner enlisted in the Navy at age
 19.      During the period 17 January to 27 March 1999, he had two brief instances of unauthorized absence (UA) that did not result in disciplinary action. On 16 September 2001, he was promoted to the pay grade of E-4. On 18 September 2001, he had another brief instance of UA that did not result in disciplinary action.
d.       On 26 April 2005, Petitioner received a final performance evaluation that indicated he was not recommended for retention and noted that he failed three Physical Fitness Assessments (PFA~’s) during his four year enlistment. On 1 May 2005, a
 service record entry was made, which indicated that he was assigned an RE-4 reenlistment code. On 1 May 2005, he was honorably released from active duty due to completion of required active service and assigned an RE-4 reenlistment code.
e.       During November 2005, the Naval Reserve Command denied Petitioner’s request for a conditional release from the Navy Reserve for enlistment in the Army National Guard.
f.       On 13 July 2006, Petitioner was honorably discharged from the Navy Reserve due to the expiration of his obligated service.
g.       Petitioner states that he was honorably discharged and believes the reenlistment code is an error and an injustice.
h.       Regulations in effect at that time authorized assignment of an RE—4 reenlistment code for individuals who were released from active duty and failed to meet retention criteria. Regulations also authorized assignment of an RE-3F reenlistment code for individuals who were released from active duty and not recommended for retention because of PFA failure.
CONCLUSION:
Upon review and consideration of all evidence of record, the Board concludes that Petitioner’s request warrants relief. Specifically, the Board finds that Petitioner’s reenlistment code was erroneously assigned. In this regard, he was honorably released from active duty and assigned an RE-4 reenlistment code. The record shows that his only disqualifying factor was his failure of three PFA’s during a four year enlistment. In addition, the Board considers that he attained the pay grade of E-4, had no disciplinary actions and finds that regulations authorized assignment of an RE-3F. Therefore, the Board concludes that Petitioner’s reenlistment code should be changed to RE-3F.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was assigned an RE-3F reenlistment code on 1 May 2005, vice the RE-4 actually assigned on that date.
b.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.






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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 P FE IFFER
 Executive Director





























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