DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2132-08
27 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD om
ae
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 United States Navy, applied to
this Board requesting to change the RE-4 reenlistment code that
was issued on 27 June 2004.
2. The Board, consisting of Ms. [Rui Ms . SERA
Mr . a: reviewed Petitioner's allegations of error and
injustice on 22 October 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. On 28 June 2000, Petitioner enlisted in the Navy at age
19. He then served without incident, was promoted to pay grade
E-4, and consistently received Evaluation Report and Counseling
Records (NAVPERS 1616/26 (03-02)) in which his overall trait
and quality of work averages were 4.07 and 5.0, respectively.
On 24 February 2004, he had nonjudicial punishment for an
unspecified period of unauthorized absence (UA) in which the
punishment included a reduction in rank. On 10 March 2004, he
was counseled regarding the UA. On 21 April 2004, he was in a
UA status for about one hour when he was late returning from
liberty, but no disciplinary action was taken. There is no
evidence in the record to show that an Evaluation Report and
Counseling Record was submitted on 27 June 2004, when he was
honorably released from active duty due to completion of
required active service and assigned an RE-4 reenlistment code.
On 14 February 2006, he was honorably discharged from the Navy
Reserve to enlist in the Army Reserve.
c. In his application, Petitioner states that he served with
honor, had an outstanding military service record, and requests
to change the RE-4 reenlistment code.
d. Regulations authorize assignment of an RE-4 reenlistment
code to service members serving in pay grade E-3 who are
released from active duty due to completion of required active
service and do not meet professional growth criteria.
Regulations also authorize assignment of an RE-1 reenlistment
code to service members who are released from active duty and
meet minimum criteria for retention. Regulations also
authorize, on a case by case basis, a waiver of professional
growth criteria to affect an extension or reenlistment.
Regulations further direct submission of an Evaluation Report
and Counseling Record when a member serving in pay grades E-1
to E-6 is detached from a command.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants relief.
Specifically, the Board believes that his release from active
duty was in accordance with regulations, but finds that the
assignment of an RE-4 reenlistment code is not supported by a
preponderance of evidence in the record, specifically, the
Board finds that he attained pay grade E-4, consistently
received Evaluation Report and Counseling Records in which his
overall trait and quality of work averages were 4.07 and 5.0,
respectively, and had an NJP that resulted in his reduction to
pay grade E-3 about four months before he was released from
active duty. The Board notes that although regulations direct
submission of an Evaluation Report and Counseling Record when a
service member serving in pay grade E-3 detaches from a
command, there is no such report in his record, which, if
submitted, would have documented the justification for
assignment of an RE-4 reenlistment code. Furthermore, the
Board finds that regulations authorize, on a case by case
basis, retention waivers for service members who fail to meet
professional growth criteria. However, there is no evidence in
the record to show that he failed to meet professional growth
criteria. Given his overall service record and subsequent
enlistment in the Army Reserve, the Board finds no reason not
to change the RE-4 reenlistment code. Therefore, the Board
concludes that the RE-4 reenlistment code should be changed to
an RE-1.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-1 reenlistment code on 27 June 2004, vice
the RE-4 actually assigned on that date.
b. 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.
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.
’
Fee_W. DEAN PREIFFER
Executive Director
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