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NAVY | BCNR | CY2009 | 01907-09
Original file (01907-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL

Docket No: 01907-0609
30 November 2009

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

 

Subj}: REVIEW OF NAVAL RECORD oT =o eee:

Ref: {a} 10 U.S.C. 1552
(b) OPNAVINST 1160.5¢

Encl: (1) DD Form 149
{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 this
Board requesting a change in her RE-4 reenlistment code.
consisting of Mr. wee, Mr. i: and

a # reviewed Petitioner's allegations of error and
injus fen 18 November 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,

   
 

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 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.

c. Petitioner enlisted in the Navy on 30 March 2004. During
her brief enlistment, she served without disciplinary incident,
was advanced to paygrade E~3,. and received a National Defense
Medal, a Battle E Ribbon and a Global War on Terrorism Serivce
Medal.
d. Petitioner submitted a request for hardship discharge
through her chain of command to take care of her mother who was
in failing health. The discharge authority directed an honorable
discharge by reason of convenience of the government due to
hardship and assigned a reenlistment code of RE-4. Petitioner
was discharged on 11 May 2005.

e. In her application, Petitioner contends that she wants to
reenlist to complete her obligation to the Navy or join the Navy
Reserves.

f. The reenlistment code of RE-4 means that Petitioner is |
not recommended for reenlistment. However, she could have been
assigned a code of RE-3H, meaning that she 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 her overall record of military service. The
Board therefore concludes that no useful purpose is served by
assignment of the most restrictive reenlistment code of RE-4, and
the RE-3H code more accurately reflects the quality of her
service.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
on 11 May 2005 Petitioner was issued a RE-3H 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.

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.
Baron) Ang.

ROBERT D. ZSALMAN BRIAN JT GEORGE
Recorder '  Beting 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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