DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00132-10
28 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Saag iiinen
Ref: (a) 10 U.S.C. 1552
Enci: (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 enciosure (1) with this
Board requesting reconsideration of his RE-4 reenlistment code.
2. The Board, consisting of Mr. @alidiibilialiage: Mx . nie and
Mr. MMe ev iewed Petitioner's allegations of error and
injustice on 26 January 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 ail
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 enlisted in the Navy and began a period of
active duty on 21 June 2005 at age 19. On 22 Gune 2005, during
the “Moment of Truth”, he revealed that his 15 year oid
girlfriend was pregnant. At that time, all applicants were
required to disclose if their wife, girlfriend, or Significant
other was pregnant and were 100 percent sure’ the unborn child was
theirs. He was counseled that he was being retained in the naval
service despite his fraudulent induction as evidenced by his
failure to disclose required basic enlistment eligibility
information, and if was found that additional information had not
been disclosed, he could be subject to other judicial or
administrative proceedings.
dad. On 3 August 2005, Petitioner submitted a voluntary
statement stating, in part, that he was 18 years of age at the
time he met his then 14 year old girlfriend. Further, he stated
that they started having sexual intercourse when she was 15 years
of age in January 2005, and that he informed his recruiter, but
was told to stay quiet about it.
e. On 10 August 2005, administrative discharge action was
initiated to separate him by reason of fraudulent enlistment. He
elected to consult counsel and have his case reviewed by the
general court-martial convening authority. However, the review
is not in his official record. On 16 August 2005, his commanding
officer (CO) forwarded his case recommending that he be
discharged from the service with an entry Level separation by
reason of fraudulent entry due to his pregnant 15 year old
girlfriend. He was discharged on 26 August 2005 with an entry
level separation for fraudulent entry and assigned an RE-4
reenlistment code. The RE-4 means that he is not recommended for
reenlistment. However, he could have been assigned a code of
RE-3E meaning that he was enlisted in error.
£. With his application, Petitioner states that on 10 August
2005, his CO called him into his office while on the telephone
with his girlfriend’s mother. He states, in part, that his CO
was trying to convince her to press charges against him, but that
she was trying to inform him that Petitioner was simply trying to
support his family and serve his country. Finally, after his
discharge, he states that his daughter was born on 27 October
2005, and he married his girlfriend on 2 December 2005.
CONCLUSION;
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board therefore concludes that no useful
purpose is served by assignment of the most restrictive
reenlistment code of RE-4, and assignment of an RE-3E, meaning he
was enlisted in error, more accurately reflects the reason for
discharge. Finally, the Board concludes that the discharge was
proper, and the record should reflect that an erroneous entry had
occurred. In view of the foregoing, the Board recommends the
following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 26 August 2005, he was discharged due to erroneous entry
(other), assigned a JFC separation code, and received an RE-3E
reenlistment code, vice the RE-4 actually issued on that date.
This should include the issuance of a new DD Form 214.
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 direct to be removed from Petitioner’s
naval record be returned to this 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. 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. 4SALMAN BRIAN J Grom ly ong
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.
Say ER
Executive Di
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