DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 11839-09
30 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 16 U:S.¢., 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 J , Mr =—_! and Mr.
GP viewed Petitioner's allegations of error and injustice
on 24 August 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 statue of
limitations and review the application on its merits.
c. Petitioner reenlisted in the Navy and began a period of
active duty on 16 November 1998. He served for over seven years
and received a Good Conduct Medal and two Navy Achievement
Medals. Although the record reflects that he failed the physical
fitness assessment (PFA) on five occasions in a four year period,
he was advanced to petty officer first class (paygrade E-6) and
his evaluations reflect generally excellent performance.
da. Petitioner signed an enlisted performance evaluation for
the period covering 16 November 2005 to 9 May 2006, in which he
was not recommended for advancement or retention. That
evaluation assigned adverse marks in military bearing, but
satisfactory marks in all other categories. The evaluation also
notes that he failed the body fat portion of the PFA during the
fall 2005 PFA cycle. On 9 May 2006, he was honorably discharged
from active duty and assigned an RE-4 reenlistment code.
e. With his application, he submitted a letter from his
doctor stating, in part, that he had determined that his body fat
is currently 19 percent, and that he has had remarkable success
with significant weight loss through a combination of dieting and
exercise. 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 repeatedly
failed the PFA.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action based on his overall record of military service, to
include promotion to petty officer first class, one Good Conduct
Medal, and two Navy Achievement Medals. 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 9 May 2006, he was issued an RE-3F reenlistment code vice the
RE-4 code actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
10 November 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 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 BREAN ;\\ 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.
\ ott
W. DEAN PFESF
Executive Ditite
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