DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVY ANNEX ~
WASHINGTON DC 20370-5100 SIN
Docket No: 06987-08
22 May 2009 ©
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD ICO rae
Ref: (a} 100.8.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 a change in his RE-4 reenlistment code.
2. The Board, consisting of Mr =p Ms. 4 Mand :
Mr . sili: ceviewed Petitioner's allega
tions Of error and
injustice on 19 May 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 Navy and began a period of
active duty on 10 November 1998 at age 21. He served for over
eight years without disciplinary action and received the Good
Conduct Medal. Although the record reflects that he failed the
physical fitness assessment (PFA) on three occasions in a four
year period, he was advanced to petty officer second class and
his evaluations reflect generally excellent performance.
d. On 26 January 2007, Petitioner signed an enlisted
performance evaluation for the period 16 March 2006 to
9 February 2007 in which he was not recommended for: advancement
or retention. That evaluation assigned adverse marks in the
category of military bearing, but satisfactory marks in all other
categories. The evaluation also noted that he failed three PFA'’s
within a four year period. His commanding officer stated in his
recommendation for separation, in part, that Petitioner's
devotion to duty and mission accomplishment had been a major
factor in the command’s many successes. His only setback was his
PFA failures, although he was making progress toward correcting
his deficiency. On 9 February 2007, he was honorably discharged
from active duty and assigned an RE-4 reenlistment code.
e. The reenlistment code of RE-4 means that he is not
recommended for reenlistment. However, he could have been
assigned a reenlistment code of RE-3F, meaning that he failed the
PFA on three or more occasions in a four year period.
‘CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes Petitioner's overall record of
military service, including his promotion to second class petty
officer, the lack of disciplinary action, the award of the Good
Conduct Medal, and the fact that he was making some progress
toward correcting his deficiency. The Board therefore concludes
that no useful purpose is served by the assignment of the most
restrictive reenlistment code of RE-4, and assignment of the
RE-3F code more accurately reflects the quality of his service.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 9 February 2007 Petitioner was issued a RE-3F reenlistment
code vice the RE-4 reenlistment code actually issued on that
date. ‘
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on
17 July 2008.
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 \e
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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