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NAVY | BCNR | CY2009 | 04321-09
Original file (04321-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SUN
Docket No: 04321-09
29 March 2010

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

 

Subj: REVIEW OF NAVAL RECORD OF iil

Ref: (a) 10 0.8.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 a change in his RE-4 reenlistment code.

2. The Board, consisting of Mr ee Mr. (RRR, and
i OQ

Mr Wiis reviewed Petitioner's allegations of error and —
injustice’ on’ 23 March 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. Petitioner enlisted in the Navy and began a period of
active duty on 25 July 1999. Petitioner served for over eight
years, received the Navy/Marine Corps Achievement Medal, and two
Good Conduct Medals. Although the record reflects that he failed
the physical fitness assessment (PFA) on three occasions, he was
advanced to petty officer first class and his evaluations reflect
generally excellent performance.

c. On 28 June 2007, he signed an enlisted performance
evaluation for the period covering 16 November 2006 to 12 July
2007, in which he was not recommended for advancement or
retention. That evaluation assigned adverse marks in military
bearing, but satisfactory marks in ail other categories. The
evaluation also notes, in part, that he was dedicated, ;
trustworthy, studious, and that his contributions to the Navy
would impart a positive impact that would be felt long after his
separation. The report also states that he had three PFA
failures in a four year period and he was not recommended for
retention. On 11 July 2007, he was honorably discharged from
active duty and assigned an RE-4 reenlistment code.

d. With his application, Petitioner states he wants to
reenter the service and that his RE-4 reenlistment code will not
allow him to reenlist. The reenlistment code of RE-4 means that
he is not recommended for reenlistment. However, he could have
been assigned a reenlistment code of RE-3F, meaning that he
failed the PFA on three or more occasions in a four year period.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
Board finds that Petitioner's request warrants favorable action
based on his overall record of military service to include his
promotion to petty officer first class and personal awards. The
Board therefore concludes that the interest of justice would be
better served by changing his reenlistment code to RE-3F.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 11 July 2007, Petitioner 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.

¢. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 23 April
2009,

4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) it is certified that a quorum wag
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.

Lp SF yh

W. DEAN PFE
Executive DirdacPer

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