DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1703-09°
15 December 2009 °
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD ORs
242-41-3783
Ref: (a) 10 U.S.C. 1552
(ob) OPNAVINST 1160.5¢
(c) BUPERSINST 1900.8A
Encl: (1) DD Form 149 with attachments -
(2) Case summary
{3} Petitioner'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 that her reenlistment code be changed.
; Mi, vs IO and Mr.
Po, ; reviewed Petitioner's allegations of error and
injustice on 8 December 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.
2. The Board, consisting of mr.
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 enclosure {1) was not filed in
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
¢. Petitioner enlisted in the Navy on 8 April 1988 at age
19 and began a period of active duty on 19 September 1988. She
served without disciplinary incident and was advanced to paygrade
E-5. ; .
d,. Petitioner was awarded a Good Conduct Medal, National
Defense Service Medal, Southwest Asian Medal with Bronze Star,
Sea Service Deployment Ribbon, and a Battle “E” Ribbon.
e. Petitioner was recommended for retention until 27
January 1996, when she failed to meet physical fitness assessment
(PFA) standards. In this regard, she was advised, in part, that
due to her failure of three PFAs, she was a candidate for
administrative separation.
f. On 27 January 1996 Petitioner was honorably released
from active duty and transferred to the Navy Reserve. At the
time of her release from active duty she received a separation
performance evaluation in which she was not recommended for
retention, and assigned an RE-4 reenlistment code. On 8 April
1996 she was honorably discharges$from the Navy Reserve and was
not recommended for reenlistment.
g. Reference (b) authorizes the issuance of an RE-4
reenlistment code to Sailors who have completed their enlistment
and are serving in paygrade E-5 at the time of their release from
active duty. The assignment of an RE-4 reenlistment code under
these circumstances means that a Sailor is not eligible or
recommended for reenlistment. Reference (c), however, authorizes
the issuance of an RE-3F reenlistment code for a Sailor, such as
Petitioner, who was not recommended for retention due to PFA
failures.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board’s decision is based on Petitioner’s overall
Satisfactory service in which she served without disciplinary
infractions, and received a Good Conduct Medal, National Defense
Service Medal, Southwest Asian Medal with Bronze Star, Sea
Service Deployment Ribbon, and a Battle “E” Ribbon.
Although Petitioner was not recommended for retention, the Board
notes that this nonrecommendation was based solely on her failure
of the three PFAs. Since an RE-3F reenlistment code is
authorized for a Sailor who is separated upon completion of
required active service but not recommended for retention due to
failure of PFAs, the Board believes that an RE-3F is now the most
appropriate reenlistment code for Petitioner's situation.
Accordingly, the record should be corrected to show that she was
assigned such a code and that she was recommended for
reenlistment upon her discharge from the Navy Reserve.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was assigned an RE-3F reenlistment code on 27 January 1996
vice the RE-4 reenlistment code actually assigned on that date.
b. That Petitioner's naval record be further corrected to
show that she was recommended for reenlistment on 8 April 1996
vice not being recommended for reenlistment on that date.
c. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of 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 \ GEORGE
Recorder Acting Recorder
S. 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.
‘yr Hetl
By directi
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