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NAVY | BCNR | CY2011 | 03518-11
Original file (03518-11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

SIN
Docket No; 03518-11
2 February 2012

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

Subj: REVIEW OF NAVAL RECORD Sa

Ref: (a) 10 U.S.C. 1552
(b) OPNAVINST 1160.5¢

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) reentry code, which was assigned on 12 November 1998,
to RE-1 (recommended for retention).

2. The Board, consisting of Messrs. Zsalman, Pfeiffer, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 31 January 2012 and, pursuant to its regulations,
determined that the limited 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 ig in the interest of justice to waive the statue of
limitations and review the application on its merits.
ec. Petitioner enlisted in the Navy and began a period of
active duty on 15 September 1997. Although the administrative
discharge documents are not in her official record, based on the
information currently contained in her record, on 10 November
1998, she signed an Administrative Remarks (NAVPERS 1070/613)
form stating that she was not recommended for reenlistment due
to “Pregnancy or Childbirth” and acknowledged that she had been
informed that she was not eligible for reenlistment and an entry
to that effect had been made in her service record. Petitioner
was honorably discharged on 12 November 1998. At that time she
was assigned an RE-4 reentry code.

d. In her application, Petitioner states that 13 years have
passed, she has since gotten married, has become more mature and
responsible, and wishes to serve her country.

e. The reentry code of RE-4 means that Petitioner is not
recommended for reenlistment. However, she could have been
assigned a code of RE-3B, meaning that she was discharged due to
pregnancy or childbirth. OO

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action. The Board therefore concludes that no useful
purpose was served by assignment of the most restrictive reentry
code of RE-4, and assignment of the RE-3B reentry code more
accurately reflects the quality of her service.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
on 12 November 1998 she was issued an RE-3B reentry code vice
the RE-4 reentry, now of record.

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.

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. ,

W. Be PFE
Executive Dige r

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