DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SIN
Docket No: 00502-11
18 Octeber 2011
-From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF (Qi:
Ref: (a) 100.8.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 his RE-4 (not recommended for
retention} reentry code.
2. The Board, consisting of Mr. Dixit, Ms. Henkel, and Mr. Spain,
reviewed Petitioner's allegations of error and injustice on
13 October 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. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
Jimitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of.
active duty on 11 June 2002. Petitioner served for four years
without disciplinary action and received the Navy and Marine
Corps Achievement Medal and Good Conduct Medal. Although the
record reflects that he failed the physical fitness assessment
(PFA) on three occasions, he was advanced to petty officer third
class and his evaluations reflect generally satisfactory
performance. The Board found an enlisted performance evaluation
for the period covering 1 March to 10 June 2006, in which he was
not recommended for advancement or retention. That evaluation
assigned adverse marks in the category of military bearing, but
satisfactory marks in all other categories. The evaluation also
noted that he failed three PFA’s within a four-year period. On
10 June 2006, Petitioner was honorably released from active duty
and transferred to the Navy Reserve. At that time, he was
assigned an RE-4 reentry code. He was discharged at the
completion of his required service on 9 April 2010. The RE-4
reentry code means that he is not recommended for reenlistment.
However, he could have been assigned a reentry code of RE-3F,
meaning that he failed the PFA on three occasions in a four-year
period.
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 his promotion to petty officer third
class, the lack of disciplinary action, and his personal awards.
The Board therefore concludes that no useful purpose is served by
the assignment of the most restrictive reentry code of RE-4, and
assignment of the RE-3F reentry code more accurately reflects the
quality of his service.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 1 June 2006 he was issued an RE-3F reentry code vice the RE-4
reentry code, now of record.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
ec. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on 14 January
2011. ,
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 BRAN J Banton }) amg
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.
reewW. DEAN PFETFFER
Executive Director
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