DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100CRS
Docket No: 7289-08
27 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER 4 fl aes
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected by
upgrading his entry level separation and changing the reentry
code he was assigned on 15 October 2007.
>. The Board, consisting of Ms. _ Ms. Se, and Mr.
BED veviewed Petitioner's allegations of error and
injustice on 22 October 2008 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 25 July 2007, and
served until 15 October 2007, when he received an entry level
separation by reason of erroneous enlistment. He was assigned a
reentry code of RE-4.
c. Applicable directives authorize the assignment of a
reentry code of RE-3E or RE-4 to an individual separated by
reason of erroneous enlistment .
d. An entry level separation is assigned to individuals who
are processed for separation while in an entry level status,
i.e., the first 180 days of service. A characterized separation
may be assigned +n those cases where it is clearly warranted by
the presence of unusual circumstances involving personal conduct
and performance of the individual, and approved by the Secretary
of the Navy on a case-by-case basis.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
relief. The Board concludes that the reentry code of RE-3E
should be assigned since there is no evidence that Petitioner had
any disciplinary infractions during his period of service and his
record does not otherwise support the more stigmatizing code of
RE-4.
With regard to the issue of characterization of his service, the
Board was not persuaded that unusual circumstances involving
personal conduct and performance warranting a characterized
separation are present in this case.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that on
15 October 2007, Petitioner was assigned an RE-3E reentry instead
of the RE-4 reentry code actually assigned on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
c. That no further relief be granted.
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 Mee XNZCIOS
Ac
Recorder ting 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 Regulations, 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.
\SWemretefhl
W. DEAN PFE
Executive Dia
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