DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SoN
Docket No: 11525-08
29 July 2009
From: Chairman, Board for Correction of Naval Records
EO: Secretary of the Navy
NAVAL RECORD or
Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5C
Encl: (1) DD Form 149 wath attachments
(2) Case Summary
3) Subject's naval record
1. Pursuant to the provisions of reference (a}, Petitioner, 4
former enlisted member of the Navy, filed enclosure (1} with this
Board requesting a change in his RE-4 reenlistment code and to
change the narrative reason for separation.
2. The Board, consisting of Ms. ie 1s and Mr.
reviewed Petitioner's allegations of error and
injustice on 21 July 2009 and, pursuant to its regulations,
determined that the limited 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. he 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 ig in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Based on the information currently contained in the
record, it appears that the Petitioner enlisted under the 2x8
Navy Reserve program and began a period of active duty.on 16 July
1992 at age 18. He served without incident and was honorably
released from active duty on 25 June 1994 due to insufficient
retainability (economic reasons). At that time he was not
recommended for retention, assigned an RE-4 reenlistment code,
and transferred to a Navy Reserve unit until 25 June 2000.
d. On 30 dune 1997, Petitioner began a period of reserve
duty that lasted approximately three years, ending with an
honorable discharge on 25 June 2000. At that time he was
recommended for reenlistment.
e, With his application, Petitioner states that he is
unaware of any reason that he would have been assigned an RE-4
reenlistment code, and was not aware of the ramifications
associated with it.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
Specifically, Petitioner completed two years of active service
without incident, completed his reserve obligation honorably
without disciplinary action, and was recommended for retention at
the time of his discharge. Accordingly, the interest of justice
would be better served by changing his record to show the
assignment of an RE-7 reenlistment code, meaning he completed the
initial two year active duty obligation under the 2x8 Navy
Reserve program, which more accurately reflects the quality of
his service.
The Board further concludes that Petitioner’s reason for
discharge, insufficient retainability (economic reasons), was
correctly used in his case.
In view of the above, the Board directs the following limited
corrective actions:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 25 June 1994 Petitioner was issued a RE-7 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 no further relief be granted
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
26 November 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 \ 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.
Denardo
. “DEAN
Executive r
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