DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 oO
SIN
Docket No: 04334-12
20 March 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
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 her RE-4 (not recommended for
retention) reentry code issued on 12 January 1998. She requested
the assignment of an RE-1 (recommended for retention) reentry
code.
2. The Board, consisting of Messrs. Boyd, Storz and Ms. Wilcher,
reviewed Petitioner's allegations of error and injustice on
19 March 2013 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 statute of
limitations and review the application on its merits.
c. Petitioner reenlisted in the Navy on 27 June 1996 after
three years of honorable service. During her enlistment, she
served without disciplinary incident and was advanced to paygrade
E-3. Although the record is missing the administrative discharge
documentation, based on the information currently contained in
her record, administrative discharge action was initiated to
separate her due to pregnancy.
d. On 3 December 1997, she signed an evaluation report
covering the period from 16 July to 4 December 1997, that stated,
in part, she was being separated due to pregnancy. The report
further stated that she was a highly motivated individual and
that her technical ability was an asset to the communication
department. She was evaluated as progressing and recommended for
retention. On 12 January 1998, she was honorably released from
active duty and transferred to the Navy Reserve. At that time
she was assigned an RE-4 reentry code. She was discharged on 21
April 2006 from the Navy Reserve.
e. In her application, Petitioner states she would like to
reenlist in the Navy Reserve.
f. 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.
CONCLUSION :
Upon review and consideration of all the avidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action based upon Petitioner’s overall record of
military service, including over five years of honorable service,
during which she was advanced in rank and had no Gisciplinary
actions. The Board therefore concludes that no useful purpose is
served by assignment of the most restrictive reentry code of RE-
4, and assignment of the RE-3B code more accurately reflects the
quality of her service. The RE-3B reentry code may not prohibit
reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for reviewing the
feasibility of satisfying the Navy’s personnel manning goals by
determining whether or not an individual meets the standards for
reenlistment. If she wishes to reenlist, re-affiliate, or be
reinstated in the Navy, she would have to contact the Navy
Recruiting Command via her nearest recruiting facility. In view
of the above, the Board directs the following limited corrective
action.
| RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 12 January 1998, she was issued an RE-3B reentry code vice the
RE-4 reentry code actually issued on that date. .
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That no further relief be granted.
d. That, upon request, the Department of Veterans Affairs be
snformed that Petitioner's application was received by the Board
on 19 April 2012.
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.
CA
ROBERT D. ZSALMAN BRIAN J. GEORG
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.
Executive dir
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