DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 1593-09
1 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF ee
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed an application with
this Board requesting that his RE-2 reenlistment code be changed.
2. The Board, consisting of Mr.
WE eviewed Petitioner's allegations of error and injustice
on 31 March 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 it appears that Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Petitioner enlisted in the Navy on 26 June 1991 and
served in an excellent manner for almost five years. On 6 June
1996, he extended his enlistment for 10 months so that he could
complete the Broadened Opportunity for Officer Selection Training
program. His DD Form 214 shows that he was honorably discharged
on 10 October 1996 with a narrative reason for discharge of "To
enter Officer Training Program" with a separation code of KGX and
he was assigned an RE-2 reenlistment code. He was later
disenrolled from the Naval Reserve Officer Training Corps and his
appointment as a midshipman was terminated,
d. Petitioner states that he is being denied reenlistment
because of the RE-2 reenlistment code. He contends that it was
assigned in error. A review of the regulation in effect at the
time (BUPERSINST 1900.8 of 28 June 1993) states that an
individual separated with a separation code of KGX must be
assigned an RE-2 reenlistment code. However, the regulation also
states that an RE-2 means that you are not recommended for
reenlistment because of status in the Fleet Reserve, Retired,
commissioned or a warrant officer. He points out that that he
was in an enlisted status when he was discharged and none of
these categories apply to him.
e. The regulations issued since Petitioner's service
(BUPERSINST 1900.8A&B) state that an RE-1 reenlistment code must
be used when an individual is discharged to enter an officer
training program with a KGX separation code.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Since Petitioner served in an enlisted status in an
excellent manner which was sufficient to earn acceptance into an
officer training program, the Board believes that the
reenlistment code should reflect the quality of his service.
Therefore, the Board concludes that the assignment of the RE-2
reenlistment code is inappropriate and it should now be changed
to an RE-1 as set forth in the two iterations of the regulation
that have been issued since his discharge.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reasons for the change in the
reason for the change in the reenlistment code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
10 October 1996 he was assigned an RE-1 reenlistment code vice
the RE-2 code now of record.
b. That 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 woo} tho
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 Regulations, 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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