DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00143-10
13 October 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD Cr QR USY,
Ref: (a) 10 U.S.C. 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 her RE-4 (not recommended for
retention) reenlistment code.
2. The Board, consisting of Mr. [a7 Mr. Mo awe and
Ms. qu» reviewed Petitioner"s allegations of error and
inju © on 5 October 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 on 25 February 1983
after serving over eight years of honorable service. On 7 July
1993, she was counseled and warned about her failure to maintain
prescribed weight standards. On 24 June 1984, the counseling
warning was extended due to the gastroplasty surgery she received
on 1 May 1994 to help correct her weight problem. At that time
she weighed 282 pounds. Post surgery, she had a weight loss of
34 pounds over seven months. She gained 10 pounds over the next
four months. On 16 March 1985, she joined Weight Watchers, and
after 13 weeks, her weight loss totaled a little over five
pounds. Subsequently, administrative discharge action of
initiated by reason of obesity and failure to conform to Navy
physical fitness standards. She served for over ten years
without disciplinary action and received two Good Conduct Medals.
Although the record reflects that she failed to conform to the
Navy's physical fitness ee she, was advanced. to petty
officer first class and her eva at tons reflect general’ Y
excel l@nt% "per ‘ormance. On 26 July 1985, she was honorably
discharged from active duty and assigned an RE-4 reenlistment
code. However, at that time, she could have been assigned a
RE-3T (obesity) reenlistment code.
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 notes Petitioner's overall record of
military service, including her omotion,.to pet, fiicer first
class, the lack of disciplinary EE ne 'Séing a Bi two Good
Condlife*Me@ls, and the surgery she ca eouenh to try to correct
her weight problem. The Board therefore concludes that no useful
purpose is served by the assignment of the most restrictive
reenlistment code of RE-4, and assignment of the
RE-3T code more accurately reflects the quality of her service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 26 July 1985, she was issued an RE-3T reenlistment code vice
the RE-4 reenlistment 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
18 February 2010.
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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