DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 5358-08
19 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
}: REVIEW NAVAL RECORD Oxia
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 Navy, filed enclosure (1) with this
Board requesting that his reenlistment code be changed.
2. The Board, consisting of Mses . Sagar ead and ie
reviewed Petitioner's allegations of error and injustice on 18
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.
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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Naval Reserve on 23 January
1997 at age 19 and began a period of active duty on 7 May 1997.
d. After serving a year without disciplinary incident,
Petitioner received nonjudicial punishment on 15 May 1998 for
absence from his appointed place of duty, failure to obey a
lawful order, larceny, and an unspecified offense. The
punishment imposed was restriction and extra duty for 14 days, a
$235 forfeiture of pay, and a suspended reduction in paygrade.
d. Petitioner’s record contains a separation performance
evaluation which states, in part, that he was not recommended for
retention as a result of high year tenure.
e. After serving for eight years, on 3 June 2005, Petitioner,
while serving in paygrade E-4, was honorably discharged at the
expiration of his enlistment and assigned an RE-4 reenlistment
code.
£. Under current regulations an RE-6 reenlistment code may be
assigned to Sailors separated due to high year tenure or at the
expiration of an enlistment. This code means that the Sailor was
not retained or permitted to reenlist solely because of high year
tenure. This code may not bar reenlistment, but requires that a
waiver be obtained from recruiting personnel who are responsible
for determining whether an individual meets the standards for
reenlistment, and whether or not a request for a waiver of a
reenlistment code is feasible. A Sailor separated for either of
these reasons may also receive an RE-4 reenlistment code, which
means that the Sailor is not recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes and does not condone Petitioner’s disciplinary
infractions, but concludes that his overall performance following
this incident was otherwise satisfactory and warranted an
honorable discharge. The Board further notes that the sole
reason for the assigned RE-4 reenlistment code was due to
Petitioner’s high year tenure and as such he was not recommended
for retention. In this regard, the Board concludes that under
current regulations an RE-6 reenlistment code is authorized by
regulatory guidance and may be assigned to a Sailor in
Petitioner’s situation. Accordingly, given Petitioner's
otherwise satisfactory record, the Board concludes that an RE-6
reenlistment code igs more appropriate than the RE-4 now of
record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 3 June 2005, to RE-6.
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 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.
N
W. DEAN PFEIH
Executive di
NAVY | BCNR | CY2005 | 00451-05
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed. In order to receive an RE-3R reenlistment code, a Sailor must be recommended for advancement or be promotable. Based on the foregoing, the Board concludes that Petitioner’s record does not warrant the worst reenlistment code of RE-4, and that code should be changed to RE-3R.
NAVY | BCNR | CY2009 | 02256-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON BC 20370-5100 TUR Docket No: 2256-09 25 January 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD 02y@———_RAadiazil Ret: (a) dQ U.S.C. The Board also takes into account Petitioner's record, which reflects honorable service and the lack of documentation specifying why he was not recommended for retention, advancement, or reenlistment. That...
NAVY | BCNR | CY2006 | 03034-06
Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his reenlistment code.2 The Board, consisting of Mr,Mr and Mr. reviewed Petitioner’s allegations of error and injustice on 7 September 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 8 August 2004, Petitioner was honorably discharged from...
NAVY | BCNR | CY2007 | 08516-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 08516-07 17 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF él 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 Navy, filed enclosure (1) with...
NAVY | BCNR | CY2010 | 11022-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 11022-10 28 October 2010 From: Chairman, Board for Correction of Naval Records Tor Secretary of the Navy subs REVIEW OF NAVAL RECORD 1¢0 (9 Ref: (a) 10 U.8.€. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his RE-4 (not recommended for retention) reenlistment code. ae......
NAVY | BCNR | CY2006 | 09446-06
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his reenlistment code.2. The Board, consisting of Mr.reviewed Petitioner’s allegations of errbr and injustice on 2 May 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. At that time he was assigned and RE-4 reenlistment code.
NAVY | BCNR | CY2005 | 07531-05
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2. Reference (b) authorizes the issuance of an RE-4 reenlistment code to Sailors who have completed their enlistment and are serving in paygrade E-4 at the time of their release from active duty. That Petitioner’s naval record be corrected to show that he was assigned an RE-i reenlistment code on 15 September...
NAVY | BCNR | CY2001 | 06751-00
C. Petitioner reenlisted in the Navy on 31 August 1991 for six years as an EN3 (E-4). MAJORITY CONCLUSION: Upon review and consideration of all the evidence of record, the majority, consisting of Messrs. Lightle and Geisler, concludes In this that Petitioner's request warrants favorable action. MINORITY CONCLUSION: The minority member, Mr. Taylor, agrees with Petitioner's request should be granted by changing his reenlistment code from RE-4 to RE-6.
NAVY | BCNR | CY2002 | 07518-01
At the time of his reenlistment, However, available records During his he had completed nearly six years of active service. The record why Petitioner was assigned an not recommended for retention approval from Commander, Navy contains no explanation as to RE-4 reenlistment code. In June 2000, the HYT limit was changed to 12 At the time of Petitioner's discharge, This means that CONCLUSION: It appears to the Board that Petitioner may have been Upon review and consideration of all the...
NAVY | BCNR | CY2007 | 08747-07
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his reenlistment code be changed.2 The Board consisting of Messrsand reviewed Petitioner’s allegations of error and injustice on 17 June 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Reference (b) authorizes the issuance of an RE-4 reenlistment...