DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07262-10
11 April 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
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 United States Navy Reserve, filed
enclosure (1) with this Board requesting, in effect, that her
reentry code assigned on 29 July 2005 be changed from RE-4
(ineligible for reenlistment) to RE-3H (hardship) .
2. The Board, consisting of Mr. Butherus and Ms. Countryman and
Ms. Henkel, reviewed Petitioner's allegations of error and
injustice on 30 March 2011 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. Petitioner had prior service in the Navy from 1995 to 1999
where she received an honorable discharge. She reenlisted on 9
December 2001, and served without disciplinary incident arntad 1
October 2004, when she received nonjudicial punishment (NJP) for
six specifications of effecting unlawful enlistments. She then
requested separation under the early transition program. On 23
June 2005, her request was approved, and she was separated with
an honorable discharge due to a reduction in force and was
assigned an RE-4 reentry code. She was given a separation code
of KCC (reduction in force). Her final evaluation report ending
on 3 February 2005 recommends her for retention.
c. Petitioner argues that she should have been given an RE-3H
(hardship) reentry code. She was in the process of gaining full
custody of her nephew and needed to leave active duty. An RE-3H
reentry code is waivable to allow reenlistment by prior service
recruiting personnel. The hardship separation code is KDH.
CONCLUSION :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although the Board notes] her NIP and does not condone,
misconduct, it alsojnotes that she was not separated due to é
misconduct, but due to a reduction in force that she requested.
Furthermore she was also given a separation code of KCC
(reduction in force). The Board believes that she should have
been separated for hardship based on her getting custody of her
nephew. Therefore, the Board concludes that her reentry code
should be changed to RE-3H hardship vice RE-4 and the KCC
separation code should be changed to KDH. In view of the above,
the Board recommends the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she received an RE-3H reentry code on 29 July 5005, vice the RE-4
now of record.
b. That Petitioner's record be further corrected to show that
her reason for separation was hardship vice reduction in force,
and that her separation code be KDH vice KCC.
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.
essen} rag
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.
LI
DEAN PFHIF
Fiecenae ine rewtor
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