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NAVY | BCNR | CY2008 | 01493-08
Original file (01493-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 01493-08
7 October 2008

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

Subj: REVIEW OF NAVAL RECORD OF §

hha

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 Mr. ¥ Ms. MMe, and Ms.

* reviewed Petitioner's allegations of error and injustice
on 30 September 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 on 5 December 1988 and
served without disciplinary incident until 17 December 1990, when
she received nonjudicial punishment for disrespect toward a chief
petty officer. On 14 January 1991, she failed to comply with the
family care plan that was required of all single parent
households. On 6 February 1991, she was involuntarily separated
from naval service with an honorable discharge and an RE-4
reenlistment code, for the convenience of the government due to
parenthood. An individual separated under this reenlistment code
is not recommended for reenlistment.

c. Pursuant to the Military Personnel Manual (MILPERSMAN)
1910-124, a reentry code should be RE-3B for convenience of the
government due to parenthood 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 evaluations.

d. Petitioner provided 12 letters of support for the active
period she served.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.

Although Petitioner did receive NJP on 17 December 1990, she was
separated by reason of convenience of the government due to
parenthood. The Board believes that her 12 letters of
recommendation for the time period in question supports her claim
that she was an outstanding dental technician. Therefore, the
Board concludes that an RE-3B reenlistment code which is
authorized by regulatory guidance for individuals who are
separated by reason of convenience of the government due to
parenthood 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 6 February 1991 to RE-3B.

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.

 
  
 

W. DEAN PFET}
Executive di

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