DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07775-08
29 May 2009
From: Chairman, Board for Correction of Naval Records
TO; Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD O
Ref: (a) 10 U.S.C. 1552
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of referende (a), Petitioner, a
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his RE-4
reenlistment code be changed. a
2. The Board, consisting of Messrs. WV. ji, Samu, and
DERMENTR veviewed Petitioner's allegations of error and injustice
on 21. 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 on 28 September 1987, and
served without disciplinary incident until 19 July 1988, when he
received nonjudicial punishment (NUP) for unauthorized absence
and consuming alcohol while in a duty status.
d. Approximately six years later, Petitioner was separated
from the Navy at the end of his obligated service. Petitioner
did not receive any other NUP’s or counseling entries prior to
his separation. Additionally, he received an honorable
discharge. However, he also received an RE-4 reenlistment code.
An individual separated for this reason is not recommended for
reenlistment. An individual who is recommended for retention is
assigned an RE-1 reenlistment code.
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 received only one NUP six years
prior to his separation and that he received an honorable
discharge. The Board concludes that having one NJP six years
prior to his discharge did not justify an RE-4 reenlistment code
and, given Petitioner's overall record, it finds that an RE-1
reenlistment code 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 27 April 1994, to RE-1.
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.
ce. 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 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.
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.
We Seed
W. DEAN PFE
Executive di r
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