DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 08175-08
7 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
j: REVIEW OF NAVAL RECORD OF =X sill ies
Ref: (a) 10 U0.8.¢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 Ms. _— te me and
Mr . SRI. reviewed Petitioner’ gy allegations of error and
injustice on 1 July 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,
ait 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 9 May 1995 at age 23. Petitioner served for over
ten years without disciplinary action and received the Navy and
Marine Corps Achievement Medal and two Good Conduct Medals.
Although the record reflects that he failed the physical
readiness test (PRT) on three occasions, he was advanced to petty
officer second class and his evaluations reflect generally
excellent performance.
d. On 16 March 2005, Petitioner signed an enlisted
performance evaluation for the period 16 March 2004 to 15 March
2005, 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 notes that he failed three PRT’s
within a four-year period. On 18 October 2005, Petitioner was
honorably discharged from active duty and assigned an RE-4
reenlistment code.
e, With his application, Petitioner states that he cannot
join a reserve unit with an RE-4 reenlistment code. 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 PRT 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 petty officer second
class, the lack of disciplinary action, and his personal awards.
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 18 October 2005 Petitioner was issued an 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 21 August
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.
= }. Aree
ROBERT D. ZSALMAN BRATN 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.
W. DEAN PFE
Executive Di or
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