DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 5400-08
19 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF @
Ref: (a) 10 U.S.C. 1552
(b) BUPERSINST 1900.8C
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 her reenlistment code be changed.
2. The Board, consisting of Mses SaQigiiyii, qgyiany anda.
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 pelicies.
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 Navy Reserve on 20 June 2000
at age 23 and began a period of active duty on 29 June 2000. She
served without disciplinary incident and was advanced to paygrade
B-5.
d. Petitioner’s record contains two performance evaluations
for periods from 16 July 2002 to 3 May 2004, both of which
recommended her for advancement and retention.
e. On 25 June 2004, while serving as a petty officer second
class, Petitioner was honorably released from active duty and
transferred to the Navy Reserve upon completion of her active
service. At that time she was assigned an RE-4 reenlistment
code, presumably by a personnel support detachment, which was not
the command where she served. On 19 June 2008, at the expiration
of her obligated service, she was honorably discharged. At that
time she was not recommended for reenlistment based solely on the
RE-4 reenlistment code which was assigned at the time of her
release from active duty.
fF. Reference (b) authorizes an RE-1 reenlistment code for a
Sailor, such as Petitioner, who was recommended for advancement
and retention at the time of his/her release from active duty.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner served satisfactorily and without
disciplinary infractions. The Board believes that the RE-4
reenlistment code assigned at the time of Petitioner’s release
from active duty was an error and that the nonrecommendation for
reenlistment at the time of her discharge was based solely on
this error. As such, the Board concludes that an RE-1
reenlistment code is appropriate for a Sailor who is recommended
for advancement and retention when released from active duty.
Accordingly, the Board believes that an RE-1 is now the most
appropriate reenlistment code for Petitioner's situation.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was assigned an RE-1 reenlistment code on 25 June 2004 vice
the RE-4 actually assigned on that date.
b. That Petitioner’s naval record be corrected to show that
she was recommended for reenlistment on 19 June 2008 vice the
“Not recommended for reenlistment” as reflected on her Record of
Discharge from the U. S. Navy Reserve (Inactive) certificate,
NAVPERS 1070/6115).
c. 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.
d. 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 purposes, with no cross
references 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.
Ane).
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.
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