DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS .
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2656-08
1 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
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
member of the Navy Reserve, filed an application with this Board
requesting that he be assigned a reenlistment code.
2. he Board, consisting of Mr [i ———ie Mx. Wiis, Ms.
wee, reviewed Petitioner's allegations of error and
injustice on 29 July 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. Although it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
¢. Petitioner enlisted in the Navy on 14 August 2001 for
four years at age 18. He then served in a satisfactory manner
for several years and was advanced to petty officer third class.
On 4 January 2004 he received nonjudicial punishment (NJP) for
three specifications of unauthorized absence (UA). The length of
the periods of unauthorized absence are not set forth in the
record but his DD Form 214 does not show any periods of lost
time. The punishment imposed included a reduction in rate and
forfeitures of pay.
d. In the performance evaluation for the period ending 15
July 2004, Petitioner waslassigned a marginal mark of 2.0 in the
category of military bearing/character and the overall trait
average was 3.0. The evaluation states that he was promotable
and recommended for retention.
e. On 23 July 2004 Petitioner's request for an early
separation from the Navy was approved. The message approving his
separation states the réenlistment code to be assigned should be
as warranted by the service record.
f. On 15 September 2004 Petitioner was released from active.
duty with an honorable characterization of service by reason of
reduction in force. The DD Form 214 issued at that time has no
entry in the reenlistment code block.
g. Attached to enclosure (1) is an advisory opinion from
the Navy Personnel Command which states, in effect, that because
of the conflicting information, the decision as to the assignment
of a reenlistment code should be made by this Board. A computer
printout.was provided which shows a.numeral 4 in a reenlistment
code block.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board is aware that Petitioner received NJP for
three unspecified instances of UA about nine months prior to his
separation. However, it is also aware that he was recommended
for retention in the evaluation ending on 15 July 2004. Given
his overall good record and in the absence of evidence to the.
contrary, the Board believes that he should be given the benefit
of any doubt and the recommendation contained in the evaluation
should be controlling. Accordingly, Petitioner's record should
be corrected to show that on 15 September 2004 he was assigned an
RE-1 reenlistment code.
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 rationale for the assignment of the
RE-1 reenlistment code.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by issuing a DD
Form 215, showing that on 15 September 2004 he was assigned an
RE-1 reenlistment code.
b. 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 J \ee
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.
\eae
W. DEAN PFEREF
Executive Dirachbr
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