DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04679-13
5 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD WT
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 his RE-4 (not recommended for
reenlistment) reentry code, which was issued on 13 April 2013.
He requested that it be changed to RE-1 (recommended for
retention) .
2. The Board, consisting of Mr. Gattis, Mr. Grover, and Ms.
Trucco, reviewed Petitioner's allegations of error and injustice
on 3 June 2014 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. Petitioner enlisted in the Navy and began a period of
active duty on 14 April 2009. The Board found that based on his
record, he served without incident for four years, was awarded
the Good Conduct Medal, and was honorably released from active
duty at the completion of his required service on 13 April 2013
and transferred to the Navy Reserve. At that time he was
recommended for promotion and continued service in the Navy
Reserve, and assigned an RE-4 reentry code.
c. Reference (b) sets forth the Department of the Navy’s
policy, standards, and procedures for separating enlisted service
members at the expiration of their obligated service.
Professional growth criteria must be met before an individual may
reenlist. The instruction states, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment... the member must be: (1) serving as a petty
officer or, (2) serving in paygrade E-3 having passed and
examination for advancement to paygrade E-4 and be currently
recommended for advancement, or (3) have formerly been a petty
officer in current enlistment and be currently recommended for
advancement to paygrade E-4. Failure to meet the professional
growth criteria may result in denial of further extensions or
reenlistment.
An individual separated in paygrade E-3 who fails to meet the
above criteria may receive an RE-3R (professional growth
criteria) reentry code if recommended for advancement to paygrade
E-4 at the time of separation. If not, the individual must be
assigned an RE-4 reentry code. Such a code may also be assigned
if the commanding officer does not recommend the individual for
reenlistment.
d. A review of available records does not indicate if
Petitioner had taken and/or passed an advancement exam. However,
he was recommended for promotion and retention on his separation
evaluation. In this regard, the reentry code of RE-4 means that
he is not recommended for promotion or reenlistment. However, he
could have been assigned a code of RE-3R, meaning that he failed
to meet the professional growth criteria.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable relief.
In this regard, the Board notes Petitioner's overall record of
military service, including four years of service with no
disciplinary action and the award of the Good Conduct Medal.
Further, he was recommended for promotion and retention. 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-3R code more accurately reflects the quality
of his service.
The RE-3R 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 he wishes to
reenlist, re-affiliate, or be reinstated in the Navy, he would
have to contact the Navy Recruiting Command via his nearest
recruiting facility.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 13 April 2013, he was issued a RE-3R reentry code vice the
RE-4 reentry code actually issued on that date.
b. Than no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner's naval record.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on 9 April
2013.
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.
tn SD. A
ROBERT D, ZSALMAN
Acting Executive Director
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