DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11114-07
2 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OTeemig
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 United States Navy, filed enclosure
(1) with this Board requesting, in effect, that her RE-4
reenlistment code be changed.
2. The Board, consisting of Messr Sin Stings and
reviewed Petitioner's allegations of error and injustice on
13 August 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. Petitioner enlisted in the Navy in November 2001 and
served without disciplinary incident. On 12 March 2004, she was
issued a formal counseling/warning affording her the opportunity
to correct her known deficiencies for minor infractions. In
addition, on 3 June 2004, she was referred to the branch medical
clinic in Makalapa, Hawaii for observation and evaluation with
regard to an adjustment disorder. On 15 July 2004, she was
involuntarily separated from the naval service due to an
adjustment disorder with a general discharge characterization and
an RE-4 reenlistment code. An individual separated for this
reason is not recommended for reenlistment.
c. Pursuant to the Bureau of Naval Personnel (BuPers)
Instruction 1900.8A, a reenlistment code of RE-3G could be
assigned due to a condition not a disability, unless an RE-4 code
is warranted by the service record. In Petitioner’s case, her
RE-4 reenlistment code was not warranted based on her overall
evaluation average.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes that Petitioner served without
disciplinary action, and that she was only separated by reason of
an adjustment disorder. The Board concludes that an RE-3G
reenlistment code is authorized by regulatory guidance for
individuals who are separated by reason of an adjustment
disorder. Given her overall record, the Board further concludes
that an RE-3G reenlistment code is more appropriate than the RE-4
reenlistment code now of record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 15 July 2004, to
RE-3G.
b. 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.
c. 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
matter.
ROBERT D. ZSALMAN BRIAN JN 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.
™
e or
W. DEAN PF
Executive
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