DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
, Docket No: 10180-08
24 September 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD iia aie
Ref: (a) 10 U.8.c. 1552
{(b) OPNAVINST 1160.5¢
Enel: (1) DD Form 149 with attachments
1
(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 thig
Board requesting a change in his RE-4 reenlistment code,
2. The Board, consisting of vr. ie Mr. Se, and
Mr —emerceviewed Petitioner" allegations of error and
injustice on 22 September 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 ali 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 23 December 1997 at age 26. He served for cne
year without disciplinary incident and was advanced to paygrade
H-2. 5 so
d. Based on the information currently contained Petitioner’s
record it appears that he submitted a request for a hardship
discharge. His commanding officer approved his request and
directed an honorable discharge by reason of convenience of the
government due to the hardship and assigned a reenlistment code
of RE-4. Petitioner was discharged on 22 January 1999,
é. In his application, Petitioner contends that he submitted
the request for a hardship discharge to return home to help his
mother who, at that time, was suffering from deteriorating discs
in her back. Petitioner stated that he was denied the
opportunity to be transferred to a unit near his hometown so that
he could have had the opportunity to serve out his commitment.
£. The reenlistment code of RE-4 means that Petitioner ig
not recommended for reenlistment. However, he could have been
assigned a code of RE-3H, meaning that he was discharged due to.
hardship. ,
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action based upon his overall record, no disciplinary actions,
and his approved request for a hardship discharge. The Board
therefore concludes that no useful purpose is served by
assignment of the most restrictive reenlistment code of RE-4, and
assignment of the RE-3H code more accurately reflects the quality
of his service.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 22 January 1999 Petitioner was issued an RE-3H 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.
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.V 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.
\aQaae!
W. DEAN PFHIF
Executive Direbto
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