DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
TAL
Docket No: 3828-09
1 March 2010
From: Chairman, Board for Correction of Naval Récords
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ony
Ref; (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5¢C
Enel: (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 his RE-4 reenlistment code.
2. The Board, consisting of Mr. iP Ms. ellie and Mr.
eviewed Petitioner's allegations of error and injustice
on 18 February 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 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 25 June 1999. During
his enlistment, he served without disciplinary incident, was
advanced to paygrade E-5, received a Navy Achievement Medal, a
Navy Unit Commendation, a Meritorious Unit Commendation, two Good
Conduct Medals, a National Defense Service Medal, two Armed
Forces Expeditionary Medals, a Sea Service Deployment Ribbon, a
Navy Overseas, Service Ribbon, a Global War on Terrorism
Expeditionary Medal, and an Enlisted Surface Warfare Insignia.
d. On 20 February 2007 Petitioner was involuntarily
processed for administrative separation due to failure to pass
three Navy physical fitness assessment (PFA) cycles in a four
year period. The discharge authority directed an honorable
discharge and assigned a reenlistment code of RE-4. He was
discharged on 15 March 2007.
e. Although the Petitioner was not recommended for retention
on his last two enlisted evaluations due to the three PFA
failures, comments concerning his performance state in part, that
he was a hard worker with excellent technical skills and had the
potential to develop into an outstanding asset to the White House
Communications Agency.
f. The reenlistment code of RE-4 means that Petitioner is
not recommended for reenlistment. However, he could have been
assigned a code of RE-3F, meaning that he was discharged for
failure of the PFA.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action based upon his 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-3F code more accurately reflects the quality of his
service. In view of the above, the Board directs the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 15 March 2007 he was issued an RE-3F 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. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 7236(c)) 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 -\ 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
behalf of the Secretary of the Navy.
Wwuths
W. DEAN PF
Executive D xr
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