DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07364-08
16 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ret : (a) 10 U.S.C. 1552
Encl: {1} DD Form 1459 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. SQ@IRE mr. ae and Mr.
MMB ceviewed Petitioner's allegations of error and injustice
on 10 June 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. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits
c. Petitioner enlisted in the Navy and began a period of
active duty on 14 November 1988 at age 18. She served without
incident for over five years until 28 October 1994, when she was
assigned to a remedial physical fitness program. Although the
record reflects that she failed the physical readiness test (PRT)
on three occasions, she was advanced to petty officer third class
and her evaluations reflect generally excellent performance.
On 31 July 1995, Petitioner was honorably discharged from active
duty and assigned an RE-4 reenlistment code.
d. With her application, Petitioner states that she was
discharged because of her failure to maintain weight standards,
but wants to reenlist. In this regard, the reenlistment code of
RE-4 means that she is not recommended for reenlistment.
However, she could have been assigned a code of RE-3F, meaning
that she failed the PRT on three or more occasions.
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 over six years of service without any
disciplinary action. Further, she was advanced in rate to third
petty officer. The Board therefore concludes that no useful
purpose is served by assignment of the most restrictive
reenlistment code of RE-4, and the RE-3F code more accurately
reflects the quality of her service.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 31 July 1995 Petitioner was issued a RE-3F reenlistment code
vice the RE-4 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 30 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 ~\ he
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.
TP
Fe.Ww. DEAN PRELFFER
Executive Director
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