DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 7126-09
26 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD Off
Ref: (a} 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
i. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that her reenlistment code be changed.
2. The Board, consisting of Mr. a al We and Mr..
‘iis. , reviewed Petitioner's allegations of error and
injustice on 25 August 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. Although it appears that enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statue of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 7 May 1987 at age 19,
began a period of active duty on 1 June 1987, and served without
disciplinary incident.
d. In July 1988 Petitioner requested an administrative
discharge because of her pregnancy which caused her to be unable
to comply with the Navy’s Family Care (NFC) Policy Program.
Presumably, she signed a certificate which stated that she could
not comply with the NFC policy program and her request was
granted.
e. In August 1988 Petitioner was administratively processed
for separation by reason of pregnancy/childbirth due to her
inability to comply with the NFC policy program. At that time
the discharge authority directed a reenlistment code of RE-3B or
RE-4, as warranted by her service record.
f. On 5 August 1988 Petitioner was honorably discharged by
reason of parenthood and assigned an RE-4 reenlistment code.
. An RE-3B reenlistment code may be assigned to Sailors
geparated due to parenthood, pregnancy, and/or childbirth. This
code may not bar enlistment, but requires that a waiver be
obtained by recruiting personnel who are responsible for
determining whether an individual meets the standards for
reenlistment, and whether or not a request for a waiver of a
reenlistment code is feasible. A Sailor separated for this
reason may also receive an RE-4 reenlistment code, which means
that the Sailor is not recommended for reenlistment.
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes Petitioner's overall satisfactory record, to
include the lack of. any disciplinary infractions. Further, she
was honorably discharged by reason of pregnancy or childbirth.
Since an RE-3B reenlistment code is authorized by regulatory
guidance for a Sailor who is separated for this reason, the Board
concludes that an RE-3B reenlistment code is more appropriate
than the RE-4 reenlistment code now of record.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing ~
the RE-4 reenlistment code, assigned on 5 August 1988, to
RE-3B.
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 -t 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.
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