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NAVY | BCNR | CY2011 | 00796-11
Original file (00796-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 796-11
3 November 2011

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj:

 

REVIEW OF NAVAL RECORD

Ref: {a) Title 10 U.S.c. 1552
Encl: {1} DD Form 149 atd 24.Jan 11 w/attachments

1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing block 27
(Reentry Code) of his Certificate of Release or Discharge from
Active Duty (DD Form 214) from “RE-4" (Not Recommended for
Retention) to “RE-1" (Recommended for Retention}.

2. The Board, consisting of Messrs. Gattis, Hotopp, and Mann,
reviewed allegations of error and injustice on 18 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 which were available under existing law
and regulations within the Department of the Navy.

b. Petitioner enlisted in the Navy and entered active duty
on 30 March 1998. He served without disciplinary action and
advanced to pay grade E-4. In his final evaluation, he was
recommended for early promotion and retention. On 29 March
2002, he was released from active duty with an honorable
characterization of service, and transferred to the Navy
Reserve. He was assigned an RE-4 (Not Recommended for
Retention) reentry code. He could have been assigned an RE-1
(Recommended for Retention) reentry code.

CONCLUSION:

Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting relief.

The Board finds that Petitioner committed no misconduct,
advanced to pay grade E-4, and was recommended for retention,
The Board concludes that he should have been assigned an RE-1
reentry code. In view of the above, the Board directs the
following corrective action.

RECOMMENDATION :

a. That Petitioner’s naval record be corrected by
changing block 27 (Reentry Code) of his DD Form 214 from “RE-4"
to “RE-1".

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 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¢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. ASALMAN 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 Regulations, 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.

W. DEAN EP Ez
Executive Di

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