_ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DBC 20376-5100
SMS
Docket No: 7923-08
7 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD oF [ell
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting an RE-1 reenlistment code vice the RE-4 that was
assigned on 25 September 1999, when he was honorably released
from active duty.
2. The Board, consisting of Messrs.¢ i SR
EB: viewed Petitioner's allegations of error and
injustice on 6 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. On 26 September 1994, Petitioner enlisted in the Navy
at age 18, served without. incident as an aerographers mate,
and attained the rank of petty officer second class. On
15 March 1997, he received a performance evaluation which
stated that he was selected as the "1996 Senior Sailor of the
Year", recommended for promotion, retention, and a
commissioning program, and indicated that his individual trait
average was 4.29. On 15 March 1998, he received another
pexformance evaluation which rated him one out of five other
Sailors, and recommended him for promotion, retention, and a
commissioning program, and indicated that his individual trait
average was 4.43. On 25 September 1999, he was honorably
released from active duty due to completion of required active
service and assigned an RE-4 reenlistment code. At that time
his awards included three Navy and Marine Corps Achievement
Medals (NMCAM's), a Good Conduct Medal (GCM), an Armed Forces
Expeditionary Medal, a National Defense Service Medal, a Navy |
Meritorious Unit Commendation, a Navy "E" Ribbon, and a Sea
Service Deployment Ribbon. On 27 September 2002, he was
honorably discharged from the Navy Reserve due to the
expiration of obligated service and recommended for
reenlistment.
c. In his application, Petitioner requests an RE-1
reenlistment code, and states the RE-4 was assigned in error
and there is no reason why he would have béen given such a
code. .
d. Regulations authorize assignment of an RE-4 reenlistment
code to service members who are not recommended for retention
or fail to meet retention criteria. Regulations also authorize
assignment of an RE-1 reenlistment code to members who are
recommended and eligible for retention.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request. warrants relief.
Specifically, the Board believes that the RE-4 reenlistment
code is erroneous since there is no evidence in the record to
justify it. In this regard, the Board finds that he had no
disciplinary actions, attained pay grade E-~-5, received
exemplary performance evaluations, was awarded three NMCAM's
and a GCM, and was consistently recommended for commissioning
programs. Therefore, the Board concludes that Petitioner's
“record should be corrected to show that he was assigned an RE-1
reenlistment code on 25 September 1999,
RECOMMENDATION :
That Petitioner's naval record be corrected to show that he was
assigned an RE-1 reenlistment code on 25 September 1999, vice
the RE-4 actually assigned on that date.
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. .
AW. DEAN PFEIFFER
Executive Director
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