DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
TUR
Docket No: 2256-09
25 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD 02y@———_RAadiazil
Ret: (a) dQ U.S.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) with this
Board requesting that his reenlistment code be changed.
2. The Board, consisting of Messrs. RO rapes: and <<
reviewed Petitioner's allegations of error and injustice’on 20
January 2010 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 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 16 August 1991 at age
19 and began a period of active duty on 21 January 1992. On 16
August 1993 Petitioner was advanced to paygrade E-3.
d. It appears, as reflected on an Enlisted Performance (Page
9) entry, that Petitioner served without disciplinary incident
until 27 April 1994, when he received nonjudicial punishment
(NOP). However, the record does not reflect the offenses for
which NJP was imposed or its punishment.
e. There is no indication in the record that Petitioner had
any other probiems. Furthermore, his record does not contain any
performance evaluations.
£. On 20 January 1996, Petitioner, while serving in paygrade
E-3, was honorably released from active duty at the expiration of
his enlistment, and assigned an R#-4 reenlistment code. On 15
August 1999 he was honorably discharged from the Navy Reserve
upon completion of his required obligated service.
g. The applicable regulation in effect at the time of
Petitioner's separation authorized the issuance of an RE-3R
reenlistment code to a Sailor who failed to meet the professional
growth criteria during his first enlistment. Such criteria
included advancement to paygrade E-4, or passing an examination
for such advancement. In order to receive an RE-3R reenlistment
code, a Sailor must be recommended for advancement or be
promotable. A Sailor separated upon the expiration of enlistment
may also receive an RE-4 reenlistment code, which means that he
or she is not recommended for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner’s request warrants favorable
action.
The Board initially notes that Petitioner's disciplinary
infraction resulting in NJP occurred more than two years prior to
his honorable release from active duty. The Board also takes
into account Petitioner's record, which reflects honorable
service and the lack of documentation specifying why he was not
recommended for retention, advancement, or reenlistment. The
Board therefore concludes that the assigned RE-~4 reenlistment
code ig unjust because an RE-3R reenlistment code is authorized
by regulatory guidance and may be assigned to Sailors who are
honorably released from active duty, while serving in paygrade
E-3. Concerning the assigned RE-4 reenlistment code, there does
not appear to be any documentation in the record to support such
a nonrecommendation. Accordingly, the Board concludes that
Petitioner's record, while not totaliy exemplary, does not
warrant the most stigmatizing reenlistment code of RE-4 which
should be changed to an RE-3R.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
.the RE-4 reenlistment code, assigned on 20 January 1996, to
RE-3R.
b. 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.
c. 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 Gon eg GEORGE
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
behaif of the Secretary of the Navy.
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