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NAVY | BCNR | CY2007 | 10560-07
Original file (10560-07.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SMW
Docket No: 10560-07
31 July 2008

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

agEVLEW OF NAVAL RECORD OF rT...

Ref: (a) 10 U.S.C. 1552

Subj:

  

Encl: (1) Case Summary

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting to change his RE-4 reenlistment code that was
assigned on 1 March 2007, when he was honorably discharged.

2. The Board, consisting of Ms. ber, Mc. iiggiand

Mr. WE eviewed Petitioner's allegations of error and
injustice on 30 July 2008, and pursuant to its regulations,
determined that the limited 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 8 June 2001, Petitioner enlisted in the Navy at age
18. He then served without incident and performed his duties

in an exemplary manner. On 15 November 2005, a service record
entry was made which stated that he was not being retained due
to his third failure to meet body composition and physical
readiness standards in the prior four years.
d. On 5 December 2006, Petitioner's commanding officer
initiated administrative separation by reason of physical
standards. In connection with this processing, he acknowledged
the separation action. On 2 February 2007, his officer in
charge endorsed the discharge recommendation and Stated that
Petitioner's work ethics and professionalism were paramount.

On 7 February 2007, the separation authority approved the
discharge recommendation and directed an honorable discharge by

reason of physical standards and assignment of an RE-3F
reenlistment code. On 22 February 2007, Petitioner received
his last performance evaluation in which the reporting senior
stated that he would have given him a recommendation for
retention if it were based solely on job performance. On

1 March 2007, he was honorably discharged by reason of physical
standards and assigned an RE-4 reenlistment code.

e. In his application, Petitioner states that regulations
authorize assignment of an RE-3F reenlistment code for service

members who are discharged due to physical standards. He
further states that he believes that his service record does

not warrant an RE-4 reenlistment code.

f. Regulations authorize assignment of an RE-3F reenlistment
code to service members who are discharged due to physical
standards unless an RE-4 is warranted by service record.

CONCLUSION:

Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants relief.
Specifically, the Board finds that his overall service record
did not warrant an RE-4 reenlistment code. In this regard, he
had no disciplinary actions and his performance was exemplary
with the exception of his failure to meet physical standards.
The Board further finds that the separation authority directed
assignment of an RE-3F reenlistment code. Accordingly, the
Board concludes that Petitioner's record should be corrected to
show that he was assigned an RE-3F reenlistment code.

 

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
he was assigned an RE-3F reenlistment code on 1 March 2007,

vice the RE-4 actually assigned on that date.

b. That 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.
Ghee), Anmogr

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.

Ok
Fern_wW.. DEAN 2

Executive Director

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