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NAVY | BCNR | CY2009 | 12304-09
Original file (12304-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 12304-09
7 September 2010

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

 

Ref: fa) 20 U.8.C. Ues2
(b) OPNAVINST 1160.5C
(c) BUPERSINST 1900.8B
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Petitioner'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 and nonrecommendation
for reenlistment be changed.

2. The Board, consisting of he  :. Pr onc Mr.
ne.

WMP -eviewed Petitioner's allegations of er njustice
on 1 September 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 30 March 2000 at age
22 and began a period of active duty. He served without
‘disciplinary incident and was advanced to paygrade E-4.
d. Petitioner was awarded two Good Conduct Medals, a Navy
and Marine Corps Achievement Medal, a Combat Action Ribbon, a
Navy Unit Commendation, a National Defense Service Medal, a
Global War on Terrorism Expeditionary Medal, a Global War on
Terrorism Service Medal, a Sea Service Deployment Ribbon, a Navy
Rifle Marksmanship Ribbon, and a Navy Pistol Marksmanship Ribbon.

e. Petitioner was recommended for retention until 27 June
2004, when he failed to meet physical fitness assessment (PFA)
standards. In this regard, he was advised, in part, that due to
his failure of six PFAs, he was a candidate for administrative
separation. His record reflects that in March 2006 he had failed
yet another PFA and was not recommended for retention or
reenlistment.

f. On 29 March 2008 Petitioner was honorably released from
active duty and transferred to the Navy Reserve. At the time of
his release from active duty he received a separation performance
evaluation in which he was not recommended for retention, and
assigned an RE-4 reenlistment code. On 20 March 2008 he was
honorably discharged from the Navy Reserve and was not
recommended for reenlistment.

g. Reference (b) authorizes the issuance of an RE-4
reenlistment code to Sailors who have completed their enlistment
and are serving in paygrade E-4 at the time of their release from
active duty. The assignment of an RE-4 reenlistment code under
these circumstances means that a Sailor is not eligible or
recommended for reenlistment. Reference (c), however, authorizes
the issuance of an RE-3F reenlistment code for a Sailor, such as
Petitioner, who was not recommended for retention due solely to
PFA failures.

 

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable

action.

The Board’s decision is based on Petitioner’s overall
satisfactory service in which he served without disciplinary
infractions, and received two Good Conduct Medals, a Navy and
Marine Corps Achievement Medal, a Combat Action Ribbon, a Navy
Unit Commendation, a National Defense Service Medal, a Global War
on Terrorism Expeditionary Medal, a Global War on Terrorism
Service Medal, a Sea Service Deployment Ribbon, a Navy Rifle
Marksmanship Ribbon, and a Navy Pistol Marksmanship Ribbon.
Although Petitioner was not recommended for retention, the Board
notes that this nonrecommendation was based solely on his failure
of seven PFAs. Since an RE-3F reenlistment code is authorized
for a Sailor who is separated upon completion of required active
service but not recommended for retention due to failure of PFAs,
the Board believes that an RE-3F is now the most appropriate
reenlistment code for his situation. Accordingly, the record
should be corrected to show that he was assigned such a code and
that he was recommended for reenlistment upon his discharge from
the Navy Reserve.

 

 

RECOMMENDATION :

a. That Petitioner's naval record be corrected to reflect
that he was assigned an RE-3F reenlistment code on 29 March 2006
vice the RE-4 actually assigned on that date.

 

b. That Petitioner’s naval record be further corrected to
reflect that he was recommended for reenlistment on 20 March 2008
instead of not being recommended on that date.

c. 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.

d. 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 \ 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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