DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 11012-07
30 January 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW i i OVAL RECORD OF as
Ref: (a) 10 U.S.C. 1552
Encl: (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 an honorable discharge and RE-3B reenlistment code
vice the general discharge and RE-4 reenlistment code that was
issued on 30 September 1998.
2. The Board, consisting of Mr. <—2M2—Mne vr. @p, and
Mr. WM reviewed Petitioner's allegations of error and
injustice on 29 January 2008, and pursuant to its regulations,
determined that the partial 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 Petitioner’s application 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.
c. On 15 May 1995, Petitioner enlisted in the Navy at age 22.
On 8 April 1997, he was selected ag Photographer's Mate of the
Quarter and received a letter of appreciation. On 2 June 1997,
he received another letter of appreciation. On 15 July and
10 December 1997, he received Satisfactory performance
evaluations that recommended retention and promotion.
d. During the period 13 July to 14 August 1998, Petitioner was
in an unauthorized absence (UA) status. On 25 August 1998,
Petitioner was counseled regarding his inability to be available
for worldwide assignment due to parenthood. On 27 August 1998,
he had nonjudicial punishment (NJP) for the 32 day period of UA
and missing the movement of his ship. Punishment included a
reduction in rank, and suspended restriction and forfeitures of
pay.
e. Petitioner subsequently completed a family care certificate
in which he indicated that he could not comply with dependent
care responsibilities. On 11 September 1998, his commanding
officer initiated administrative separation by reason of
convenience of the government due to parenthood. In connection
with this processing, Petitioner acknowledged that separation
could result in no less than a general discharge. On
25 September 1998, the separation authority approved the
separation recommendation and directed a general discharge by
reason of convenience of the government due to parenthood. On
30 September 1998, he was so discharged and assigned an RE-4
reenlistment code.
f. Petitioner states that he was discharged due to parenthood
because he had custody of his son and had no one to care for him,
which was the reason for the UA. He further states that he needs
his discharge upgraded in order to attend college using the
Montgomery G.I. Bill. He further requests that his reenlistment
code be changed to RE-3B, since that code is authorized for
individuals who are discharged due to parenthood.
g. Regulations authorized characterization of service to be
determined, in part, by marks assigned on a periodic basis. An
average of 2.8 in overall trait and 3.0 in military behavior were
required for a fully honorable characterization of service.
Petitioner's final performance evaluation marks are not currently
contained in the record.
h. Regulations also authorized assignment of an RE-4 or RE-3B
reenlistment code to individuals who are discharged by reason of
convenience of the government due to parenthood.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants partial
relief. Specifically, the Board finds that Petitioner's final
evaluation marks are not currently contained in the record.
Therefore, given the NUP, the Board found that the general
characterization of service by reason of convenience of the
government due to parenthood was processed in accordance with
regulations. However, the Board further finds that Petitioner's
contention of being in a UA status due to having custody of his
son was supported by his commanding officer's decision to
administer NUP, suspend the majority of the punishment, and then
process him for an immediate convenience of the government
discharge due to parenthood. Therefore, given Petitioner's
overall service record, the Board concludes that Petitioner's
reenlistment code should be changed to RE-3B.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was assigned an RE-3B reenlistment code on 30 September 1998,
vice the RE-4 actually assigned on that date.
b. That no further relief be granted.
c. That a copy of 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.
Quen) Agi
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.
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