DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05103-11
29 February 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : a OF NAVAL RECORD OF ere encenan
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, filed enclosure
(1) with this Board requesting, in effect, that his reentry code
be changed from RE-4 to RE-1.
2. The Board, consisting of Messrs. Pfeiffer and Tew and Ms.
Ballinger, reviewed Petitioner's allegations of error and
injustice on 29 February 2012 and, pursuant to its regulations,
determined that 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 enlisted in the Navy on 15 July 1993, and
served without disciplinary incident. On 4 June 1997, he signed
an agreement to extend his enlistment for 19 months to receive a
school. The extension expired on 14 February 1999. In his final
performance evaluation, he was recommended for retention. On 14
February 1999, at the end of his extension, he was separated with
an honorable discharge and an RE-4 reentry code due to refusal to
obligate service. This was in error, because he had already
completed his 19 month extension.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner fulfilled his obligation
to extend 19 months which expired on 14 February 1999. The Board
believes that his DD Form 214 which gave him a reentry code of
RE-4 was in error. Therefore, the Board concludes that his
reentry code should be changed to RE-1. In view of the above,
the Board recommends the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received a reentry code of RE-1 vice RE-4 on 14 February 1999 now
of record.
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)) 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 proceeding
in the above entitled matter.
ROBERT D. ZSALMAN BRIAN ) Geonce
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.
Dag EDRF
Executive Dilrec
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