DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 2234-09
4 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Mi pa
Subj: FORMER \@@iiiom ie REVIEW OF
NAVAL RECORD ="
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
applied to this Board requesting his naval record be corrected by
changing the reentry code he was assigned on 24 November 2008.
2. The Board, consisting of Messrs. SQR0IIweeeSMMM....an¢
,reviewed Petitioner's allegations of error and
injustice on 29 April 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. Petitioner enlisted in the Navy on 12 September 2003.
On 19 November 2008 he received nonjudicial punishment for use of
provoking speeches and gestures.
c. Petitioner’s enlisted performance evaluation for the
period 16 March to 24 November 2008 did not recommended him for
retention and stated that he had significant problems.
d. On 24 November 2008 Petitioner was honorably released
from active duty and transferred to the Navy Reserve. He was
assigned a reentry code of RE-4.
CONCILUSTON:
Upon revicw and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorabl«
action. In this regercd, the Board notes tnat Pelitioner’s last
evaluation is vaguely worded and contains few specifics that
would substantiate the recommendation for non-retention and
Significant problems. Therefore, the Board concludes that
Petitioner’s overall record does not warrant the most restrictive
reentry code of RE-4 and that it would be appropriate and just to
change his reentry code to RE-1.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
24 November 2008, he was assigned an RE-1 reentry code instead of
the RE-4 reentry code actually assigned 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.
ROBERT D. ZSALMAN
Recorder
AMES R. EXNICIOS
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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Executive Di
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