_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 252-08
7 January 20089
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OFsgggiailll
Ref: (a) Title 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 member of the Navy Reserve, filed an application with this
Board requesting that his reenlistment code be changed from RE-4
to RE-1.
2. The Board, consisting of Mr. ——eitie Mr. iii, sod Ms.
iin. reviewed Petitioner's allegations of error and injustice
on 6 January 2009 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. Petitioner enlisted in the Navy Reserve after over six
years of active service in the Marine Corps. In March 2003 he
was convicted by civil authorities of misdemeanor endangerment of
a child and was sentenced to probation. He reenlisted in the
Navy Reserve on 11 September 2004 in the rate of petty officer
second class (SK2; paygrade E-5). His performance evaluation for
the period ending 15 March 2005 is excellent with a
recommendation for early promotion and retention.
d. On 11 July 2005 Petitioner was recalled for extended
active duty. Apparently, the fact that he had been convicted by
civil authorities was discovered about that time. On 21 December
2005 the Navy Personnel Command (NPC) directed that he be
processed for separation due to erroneous enlistment because the
reenlistment would not have occurred it the Navy had been aware
of his civil conviction. In the evaluation for the period ending
10 January 2006, Petitioner received a "must promote" and was
recommended for retention.
e. An administrative discharge board met on 8 February 2006
and found that Petitioner's enlistment was erroneous and
recommended an honorable discharge. Subsequently, the commanding
officer recommended that he be retained in the Navy Reserve
agreeing that the civil conviction issue should have been
resolved prior to the reenlistment but noting that he had served
well and that it was an isolated event in the life of an
otherwise exemplary Sailor. However, NPC directed that he be
discharged.
f. The performance evaluation for the period ending 15
March 2006 is a not observed report but it contains laudatory
comments and Petitioner was highly recommended for reenlistment
in the Navy Reserve. He was honorably discharged by reason of
erroneous entry on 16 March 2006. At that time, he had completed
over eight months of active duty. He was not recommended for
reenlistment and was assigned an RE-4 reenlistment code.
g. Petitioner states in his application that he has
completed anger management training and has regained custody of
his children. He has submitted excellent character references
and been successfully employed since his discharge from the Navy
Reserve. He desires a change in the reenlistment code so that he
can again serve in the military.
h. Regulations allow for the assignment of an RE-3E or an
RE-4 reenlistment code when an individual is discharged because
of an erroneous enlistment. An RE-3E code may be waived and
reenlistment authorized at the discretion of the service
concerned.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action. It is clear that Petitioner served very well
in both the Marine Corps and the Navy Reserve for many years and
was recommended for retention by his commanding officer.
Further, it is clear that he has continued to be a good citizen.
Given the circumstances, the Board concludes that although the
separation processing was properly conducted, that in retrospect,
an RE-3E reenlistment code would be more appropriate in this case
Since it will not preclude consideration for further service with
knowledge of all the factors. Accordingly, his request for an
RE-~1 reenlistment code is denied.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
reenlistment code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
16 March 2006 he was assigned an RE-3E reenlistment code vice the
RE-4 reenlistment code now of record.
b. That Petitioner's request for the assignment of an RE-1
reenlistment code be denied.
c. 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.
ROBERT D. ZSALMAN BRIAN A 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 Regulations, 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. r
W. DEAN PFE
Executive Di r
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