DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4150-08
26 June 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: FORMER aes
REVIEW OF ECORD
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
applied to this Board requesting his naval record be corrected by
changing the reentry code he was assigned on 6 June 2006.
2. The Board, consisting of Ms. . Mr. @ie! and Mr.
eviewed Petitioner's allegations of error and injustice
anes":
on 25 June 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 Reserve on 22 November
2005. On 20 April 2006 he received nonjudicial punishment for
failure to go to appointed place of duty.
c. On 19 May 2006 the commanding officer (CO) directed
separation by reason of defective enlistment agreement. The Co
Stated that Petitioner did not knowingly participate in the
defective enlistment. He was told that after recruit training he
was going to medical school. On 6 June 2006 he received an entry
level separation by reason of defective enlistment agreement and
was assigned a reentry code of RE-4.
d. Applicable directives authorize the assignment of an
RE-1l or RE-4 reentry code to an individual separated for the
above reason.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board concludes that the reentry code of RE-1 should
be assigned since there is no evidence that Petitioner was guilty
of the defective enlistment and his record does not otherwise
support the more stigmatizing code of RE-4.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on 6
June 2006, Petitioner was assigned an RE-1 reentry code instead
of the RE-4 reentry code 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 AMES Geen fee
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.
4
W. DEAN PFE
Executive Di r
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