DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 10710-07
5 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF qigygpeiieammealalll
Ref: (a) 10 U.S.C. 1552
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 29 September 2003, when he was honorably released
from active duty.
2. The Board, consisting of Mr. [Mr oes and
Mr. Ries reviewed Petitioner's allegations of error and
injustice on 3 September 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. On 30 September 1999, Petitioner enlisted in the Navy at
age 20. On 15 July 2000 and 15 July 2001, he received
performance evaluations in which he was recommended for
retention and promotion and had an individual trait average
(ITA) of 4.0 and 3.67, respectively. On 20 November 2001, he
was awarded the Navy and Marine Corps Achievement Medal
(NMCAM). On 15 June 2002, he received another performance
evaluation in which he was recommended for retention and
promotion and had an ITA of 3.71. On 16 June 2002, he was
promoted to the pay grade of E-4. On 31 October 2002, he was
awarded another NMCAM. On 29 September 2003, he was honorably
released from active duty due to completion of required active
service. At that time a DD Form 214 was issued showing that he
was assigned an RE-4 reenlistment code. On 19 August 2007, he
was honorably discharged due to the expiration of his obligated
service.
c. In his application, Petitioner states that the RE-4
reenlistment code is incorrect and should be an RE-1 as
evidenced by his overall service record and awards. He further
states that he was not aware of the RE-4 reenlistment code
until he spoke with a recruiter about reenlisting in the
reserves.
d. Regulations authorize assignment of an RE-4 reenlistment
when a service member is released from active duty due to
completion of required active service and is ineligible or not
recommended for retention. Regulations also authorize
assignment of an RE-1 reenlistment code when a service member
is eligible and recommended for retention.
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 there is no evidence in the
record to justify assignment of an RE-4 reenlistment code. In
this regard, he served without incident and his performance
evaluations that are a matter of record all indicate that he
was recommended for retention and promotion. The Board also
considers his awards that include two NMCAM's, a Good Conduct
Medal, Battle "E" Ribbon, Sea Service Deployment Ribbon, Armed
Forces Expeditionary Medal and more than 44 months of sea
service that includes duty in support of Operation Enduring
Freedom. Accordingly, the Board concludes that Petitioner's
record should be corrected to show that he was assigned an RE-1
reenlistment code.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-1 reenlistment code on 29 September 2003,
vice the RE-4 actually assigned on that date.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
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