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NAVY | BCNR | CY2009 | 12221-09
Original file (12221-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 12221-09
25 August 2010

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

  

Sub}: REVIEW OF NAVAL RECORD &

sae

Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5C

Enel: (1) DD Form 149
(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 which was

2. The Board, consisting of "EP =°< Mr ge
reviewed Petitioner's allegations © error a Tnyustice ome —
18 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 enciosures, 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

administrative remedies available under existing law and
regulations within the Department of the Navy.

b. Petitioner enlisted in the Navy on 25 February 2004 and
served honorably for over three years and ten months. He
received a National Defense Service Medal, 4 Global War on
Terrorism Service Medal, a Good Conduct Medal, a Sea Service
Deployment Ribbon, a Navy and Marine Corps AchLevement Medal, an

Iragi Campaign Medal, and a Navy Rifle Sharpshooter Ribbon.

oc, Petitioner submitted a request through his chain of
command for an early discharge from active duty to attend
college. The discharge authority approved his request, directed
an honorable discharge to attend school and assigned a
reenlistment code of RE-4. He was discharged on 15 January 2008.

dad. In his application, he states that he wants to reenlist.
The reenlistment code of RE-4 means that Petitioner is not
recommended for reenlistment. However, his last two evaluation
reports show he was recommended for retention and he had no
disciplinary action during this enlistment.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action based upon his overall record of military service. The
Board therefore concludes that no useful purpose is served by
assignment of the most restrictive reenlistment code of RE-4, and
the RE-1 code more accurately reflects the quality of his
service.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
on 15 January 2008 Petitioner was issued a RE-1 reenlistment code
vice the RE-4 actually issued 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 ina
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. ASALMAN BRIAN sn 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.

Zor Qd. ~w —.

FeaW. DEAN PFESEFFER
Executive Director

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