DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06682-08
19 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 3m
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 United States Navy, filed enclosure
(1) with this Board requesting, in effect, that her RE-4
reenlistment code and reason for separation be changed.
2. The Board, consisting of Messers. QQ, —h and
reviewed Petitioner's allegations of error and injustice wr
March 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. Petitioner enlisted in the Navy on 3 November 1999 and
served without disciplinary incident. She became pregnant, was
having some personal problems that involved the father of the
child, and had negative allegations that were later
unsubstantiated regarding the pregnancy. Due to her stressful
pregnancy, she developed some performance issues regarding lack
of motivation, handling stress, and loss of focus. However, in
her detaching evaluation, it was noted that she demonstrated very
strong technical skills and solid performance in her job.
Docket No. 06682-08
c. On 2 November 2004, Petitioner was separated at the end of
her obligated service with an honorable discharge, but received
an RE-4 reenlistment code due to her personal problems anda
separation code of JGH, which is for non-retention on active
duty. An individual separated under this reenlistment code is
not recommended for reenlistment.
d. Pursuant to the Military Personnel Manual (MILPERSMAN)
1910-124, a reentry code should be RE-3B for convenience of the
government due to parenthood unless an RE-4 code is warranted by
the service record. In Petitioner’s case, her RE-4 reenlistment
code was not warranted based on her overall evaluations and her
separation code should have been JDG for parenthood.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Although Petitioner did receive counseling for her personal
problems, the Board believes that it was due to her pregnancy and
the problems associated with it. The Board further believes that
her personal problems all surrounded her difficult pregnancy
issues and stress related conduct. The Board also notes that she
was an outstanding Sailor based on her final evaluation.
Therefore, the Board concludes that an RE-3B reenlistment code,
which is authorized by regulatory guidance for individuals who
are separated by reason of convenience of the government due to
parenthood, is more appropriate than the RE-4 reenlistment code
now of record.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
the RE-4 reenlistment code, assigned on 2 November 2004, to
RE-3B.
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 her naval record.
Docket No. 06682-08
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.
cree Drorga
ROBERT D. ZSALMAN BRIAN J. GEORGE
rs
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.
\DQen A,
W. DEAN PF
Executive di r
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