DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7037-07
6 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF sjijppmpapepmeeacanss
Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5¢c
(c) BUPERSINST 1900.8A
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a)
former enlisted member of the Navy, filed en
Board requesting that his reenlistment code and narr
for separation be changed so that he may reenlist.
2. " oa Board, consisting of Mr. ——#!!, Mr alae 3 Ms.
reviewed Petitioner's allegations of error and injustice
on 6 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.
, Petitioner, a
closure (1) with this
ative reason
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 it appears that enclosure (1) 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.
to paygrade E-4,
d. Petitioner was awarded a National Defense Service Medal,
Sea Service Deployment Ribbon with one star, Good Conduct Medal,
Southwest Asia Service Medal with two stars, Kuwait Liberation
Medal, and an Armed Forces Expeditionary Medal .
€. Petitioner submitted a written request for an
administrative separation due to being a conscientious objector
as evidenced by his religious beliefs and opposition to war. At
that time he acknowledged nonentitlement to benefits administered
by the Department of Veterans Affairs if discharged by reason of
conscientious objection.
f. On 9 January 1995 the discharge authority, Bureau of
Naval Personnel (BUPERS), approved Petitioner’s application for
separation and directed the assignment of an RE-3C or RE-4
reenlistment code.
g. On 13 January 1995 Petitioner was honorably discharged
by reason of conscientious objection, and assigned an RE-4
reenlistment code.
h. In his application, Petitioner states, in part, that his
religious beliefs have changed and that he would like to
reenlistment in the armed forces.
i. Reference (b) authorizes the issuance of an RE-4.
reenlistment code to Sailors, serving in paygrade E-4, who are
separated by reason of conscientious objection. The assignment
of an RE-4 reenlistment code under these circumstances means that
a Sailor is not eligible or recommended for reenlistment.
However, ceference (c}), authorizes the issuance of an RE-3¢C
reenlistment code for a Sailor, such as Petitioner, under the
Same circumstances :
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board’s decision is based on Petitioner’s overall
Satisfactory service in which he served without disciplinary
infractions, and received numerous medals.
Although Petitioner was assigned an RE-4 reenlistment code, the
Board believes that this code was based solely on his request for
separation due to his religious beliefs. Since BUPERS authorized
an RE-3C reenlistment code at the time of Petitioner’s discharge,
and his record does not reflect a nonrecommendation for
reenlistment, the Board believes that an RE-3C is now the most
appropriate reenlistment code for his situation. Accordingly,
the record should be corrected to show that he was assigned such
a code.
The Board further notes that Petitioner was properly separated by
reason of conscientious objection, as per his request, and
concludes that this reason should not be changed.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-3C reenlistment code on 13 January 1995
vice the RE-4 reenlistment code actually assigned on that date.
b. That no further relief be granted.
c. 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.
ad. 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.
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
luatter.
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.
ra W. DEAN PFEIFFER
Executive Director
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