DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5129-08
20 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF § a
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting to change his RE-4 reenlistment code that was
assigned on 3 October 2003, when he was honorably released from
active duty.
See and
Mr. lm, xveviewed Petitioner's allegations of error and
injustice on 19 February 2009, 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.
2. The Board, consisting of Mr. Mittin, Mr de
aie
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 2 November 1999, Petitioner enlisted in the Navy at
age 18. During the period 20 December 2000 to 16 March 2001,
he had nonjudicial punishment (NJP) on three occasions and
suspended punishment vacated. His offenses included three
instances of disobedience of a lawful order, communicating a
threat, and contempt. On 15 July 2001 and 15 July 2002, he
received favorable performance evaluations, both of which
recommended him for promotion and retention. On 16 July 2002,
he was promoted to pay grade E-3. On 15 July 2003, he received
a favorable performance evaluation which recommended him for
promotion and retention. On 3 September 2003, a service record
entry was made which stated that he was not recommended for
retention because of his reduction to pay grade E-3. on
3 October 2003, his previous performance evaluation was
extended which was favorable, and recommended him for
promotion and retention. On 3 October 2003, he was honorably
released from active duty due to the completion of required
active service and assigned an RE-4 reenlistment code. On
22 October 2007, he was honorably discharged due to the
expiration of his obligated service and not recommended for
retention.
c. In his application, Petitioner states that he was a model
Sailor during the last three years of his service and would
like to enlist in another branch of the armed forces.
d. Regulations authorize assignment of an RE-4 reenlistment
code to service members who are released from active duty due
to completion of required active service and are not
recommended for retention or fail to meet professional growth
criteria. Regulations also authorize assignment of an RE-3R
reenlistment code to service members who are released from
active duty while serving in pay grade E-3 and fail to meet
professional growth criteria, but are eligible in all other
respects and are recommended for advancement.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants relief.
Specifically, the Board finds that Petitioner's disciplinary
actions occurred during a four month period and he then served
without incident for more than 30 months during which time he
was promoted to pay grade E-3, consistently received favorable
performance evaluations, and was recommended for promotion and
retention. The Board also finds that the service record entry
dated 3 September 2003, does not justify assignment of an RE-4
reenlistment code since the record shows that the last
administrative action regarding his rank was a promotion to pay
grade E-3 and not a reduction. Therefore, the Board concludes
that the record should be corrected to show that he was
assigned an RE-3R reenlistment code on 3 October 2003, and that
he was recommended for retention on 22 October 2007.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-3R reenlistment code on 3 October 2003,
when he was honorably released from active duty due to the
completion of his required active service, vice the RE-4
actually assigned on that date.
b. That Petitioner's naval record be further corrected to
show that he was recommended for retention on 22 October 2007,
when he was honorably discharged from the Navy Reserve due to
the expiration of his obligated service.
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.
W. DEAN DRE
Executive Di
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