DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 11879-08
28 October 20039
From: Chairman, .Board for Correction of Naval Records
To: Secretary of the Navy
Sub}:
REVIEW OF MAVAL RECORD OF (U0
Ref: (a) 10 U.§.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) wath this
Board requesting a change in his RE-4 reenlistment code.
2. The Board, consisting of Mr. <@ipRie. Mri, and vr SageRine
reviewed Petitioner's allegations of error and injustice on
27 October 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
folliows:
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 reenlisted in the Navy on 24 June 2000 after
three years of honorable service. On 24 August 2003, he received
nonjudicial punishment for making a false official statement. He
received restriction and a reduction in paygrade. Petitioner
served for over eight years and received two Good Conduct Medals.
Although the record reflects that he failed the physical fitness
assessment (PFA}.on three occasions, he was advanced to petty
officer first class and his evaluations reflect generally -
excellent performance .
d. On 23 June 2006, Petitioner signed an enlisted
performance evaluation: for the period covering 16 November 2005
to 23 June 2006, in which he was not recommended for advancement
or retention. That evaluation assigned adverse marks in military
bearing, but satisfactory marks in all other categories. The ©
evaluation also noted that although his natural abilities and
drive had aided him in. becoming a top leader, due to his three
PFA failures in a four year period, he was not recommended for
retention. On 23 June 2006, Petitioner was honorably discharged
from active duty and assigned an RE-4 reenlistment code.
e, With his application, Petitioner submitted character
letters attesting to his quality of work while on active duty and
stating 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, under current
regulations, he could have been assigned a reenlistment code of
RE-3F, meaning that he failed the PFA 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 based on Petitioner's overall record of military service.
Specifically, his promotion to petty officer first class and two
Good Conduct Medals. The Board therefore concludes that the
interests of justice would be better served by changing his
reenlistment code to RE-3F.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 23 June'2006, Petitioner was issued an RE-3F reenlistment code
vice the RE-4 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. ,
ROBERT D. 4SALMAN ; BRIAN Briel) Drag
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.
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