DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 10755-+-09
29 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: RE" Al, RECORD OF 4
Ref: (a) 10 U.S.C. 1552
Enel: (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 her reenlistment code be changed.
2. ape Board, consisting of Ms. aie, mr. eee and Mr.
P reviewed Petitioner's allegations of error and injustice
on 27 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 Naval Reserve on 29 September
1999 at age 18 and served without disciplinary incident.
d. Petitioner’s record contains an administrative remarks
entry dated 16 December 2003 which states, in part, as follows:
(Counselling/warning): You are being retained....
deficiencies in your performance are identified:
Failure to comply with the OPNAVINST 1740.4A [Navy's
Family Care (NFC) Policy Program] requirement to
complete NAVPERS 1740/6 Family Care Plan Certificate.
e. Subsequently Petitioner signed a certificate which stated
that she could not comply with the NFC policy program and
provided supporting documentation, specifically, letters from her
parents/child care providers stating that they could no longer
care for or take custody of her child.
£. On 6 February 2004 Petitioner's commanding officer
recommended an honorable discharge due to parenthood. The
commanding officer stated in part, that if she were allowed ,
retention on shore duty and not be deployed for her remaining 19
months, she could finish her contract at his command.
Nevertheless, she was administratively processed for separation
by reason of parenthood due to her inability to comply with the
NFC program. On 23 February 2004 the discharge authority, Navy
Personnel Command (NPC), directed a reenlistment code of RE-3B,
or a RE-4, if warranted by the service record. However, on 5
March 2004, Petitioner was honorably discharged by reason of
parenthood and assigned an RE-4 reenlistment code.
g. An RE-3B reenlistment code may be assigned to Sailors
separated due to parenthood, pregnancy, and/or childbirth. This
code may not bar enlistment, but requires that a waiver be
obtained from 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.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes Petitioner's overall satisfactory record, to
include the lack of any disciplinary infractions. Further, she
was honorably discharged by reason of parenthood or custody of a
minor child. Since an RE-3B reenlistment code is authorized by
regulatory guidance for a Sailor who is separated for this
reason, and was also directed by NPC in this case, 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 March 2004, 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. 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 \ Crone
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.
\oRenK
W. DEAN PFE
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