DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09298-10
23 September 2010
From: Chairman, Board for Correction of Naval Records
TG: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD 1 CC'S igs
a
Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5C
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 his RE-4 (not recommended for
retention) reenlistment code.
2. The Board, consisting of Ms. Qi Mr. Gimp and Mr®
Qe, reviewed Petitioner's allegations of error and injustice
on 21 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
Eollows:
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 enlisted in the Navy and began a period of
active duty on 14 May 1987. During his enlistment, he served
without disciplinary incident, was advanced to paygrade
E-4 and received a Good Conduct Medal. Based on the information
currently contained in his record, he was unable to comply with
Navy directives to be available at all times for worldwide
assignment due to parenthood. Subsequently, administrative
discharge action was initiated by reason of parenthood on
29 August 1991. He waived all of his procedural rights and was
honorably discharged on 31 October 1991, and assigned an RE-4
reenlistment code.
d. In his application, he states that his parenthood issue
has been resolved, and would like to enlist in the Army National
Guard. In this regard he cites his excellent evaluations and
unblemished disciplinary record.
e. The reenlistment code of RE-4 means that Petitioner was
not recommended for reenlistment. However, he could have been
assigned a code of RE-3B, meaning that he was discharged due to
parenthood.
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,
including over three years of honorable service, during which he
was advanced to paygrade E-4, had no disciplinary action, and
received a Good Conduct Medal. The Board therefore concludes
that no useful purpose was served by the assignment of the most
restrictive reenlistment code of RE-4, and the assignment of the
RE-3B code more accurately reflects his reason for leaving active
duty.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 31 October 1991, Petitioner was issued an RE-3B 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.
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.
Aron} Hroagh
ROBERT D. ZSALMAN BRIAN J.* 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.
a. dunt
W. DEAN PF
Executive D
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