DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9660-09
8 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj]: REVIEW NAVAL RECORD OF%§
i ee
Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5C
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 . iii E-aiee, and
Mies ceviewed Petitioner's allegations of error and
injustice on 7 July 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 1 July 2004 at age
18. He served without disciplinary incident and was advanced to
paygrade E-4. The record contains two performance evaluations
for periods from 16 July 2006 to 15 June 2008, both of which
recommended him for advancement and retention.
d. On 30 June 2008, while serving as a petty officer third
class, Petitioner was honorably released from active duty and
transferred to the Navy Reserve upon completion of his required
active service. Although he was recommended for retention and
reenlistment, he was assigned an RE-4 reenlistment code.
e. Reference (b) authorized the issuance of an RE-4
reenlistment code to Sailors who are not recommended for
advancement, retention, or reenlistment at the time of their
release from active duty. However, this does not apply to
Petitioner since he was recommended for advancement, retention,
and reenlistment. In this regard, reference (b) authorized an
RE-1 reenlistment code for a Sailor such as Petitioner.
CONCLUSION :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that Petitioner served satisfactorily and without
disciplinary infractions. The Board further notes that an RE-1
reenlistment code is appropriate for a Sailor who is recommended
for retention when separated. Accordingly, the Board believes
that an RE-1 is now the most appropriate reenlistment code for
Petitioner's situation and that the record should be corrected to
reflect that he was assigned such a code.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was assigned an RE-1 reenlistment code on 30 June 2008 vice
the RE-4 actually assigned on that date.
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 purposes, with no cross
references being made a part of 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 723.6(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.
=
W. DEAN Hh ERE
Executive Dire
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