DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09219-07
17 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ty
Subj: REVIEW OF NAVAL OF RECORD
Ref: (a) 10 U.S.C. 1552
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 his RE-4 reenlistment code.
2. The Board, consisting of Say ena, and Ms.
Wm, ceviewed Petitioner's allegations of error and injustice
on 9 September 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 ina timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 15 January 1991 at
age 20. Based on the information currently contained in his
record it appears that on 2 February 1996, Petitioner received
nonjudicial punishment for an unknown offense. Although the
record reflects that he was discharged due to failure of the
Physical Readiness Test (PRT), he was advanced to petty officer
third class and his evaluations reflect generally satisfactory
performance.
d. On 15 February 1996, Petitioner was honorably discharged
from active duty and assigned an RE-4 reenlistment code.
e. With his application, Petitioner states that he wants to
enlist in the Army, and understands that the Army has physical
fitness requirements in order to enlist. fn this regard, the
reenlistment code of RE-4 means that he is not recommended for
reenlistment. However, he could have been assigned a code of RE-
3F, meaning that he failed the PRT.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In view of Petitioner's overall record of Military service,
including five years of service with what appears to be only one
disciplinary action, because he was advanced in rate to third
class petty officer, and received a Good Conduct Medal, the Board
concludes that no useful purpose is served by assignment of the
most restrictive reenlistment code of RE-4, and assignment of the
RE-3F code more accurately reflects the quality of his service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 15 February 1996, Petitioner was issued a RE-3F 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.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
11 October 2007.
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. EORGE
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.
RenawctS. Lida
Cro_W. DEAN RBEIFFER
Executive Director
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