DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 03034-06
19 September 2006

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

Subj REVIEW OF NAVAL OF RECORD

Ref:	(a) 10 U.S.C. 1552

End:	(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 reenlistment code.

2 The Board, consisting of Mr,  Mr  and Mr. reviewed Petitioner’s allegations of error and injustice on 7 September 2006 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 available under existing law and regulations within the Department of the Navy.

b.	Enclosure (1) was filed in a timely manner.

c.	Petitioner first enlisted in the Navy on 12 October 1995. He served continuously on active duty for more than eight years without disciplinary incident. During this period he was promoted to third class petty officer (ABF3;E4) and received two Good Conduct Medals.

d.	On 8 August 2004, Petitioner was honorably discharged from active duty at the expiration of his last enlistment with a narrative reason of “non-retention on active duty.” At that time he was assigned an RE-4 reenlistment code.

e.	In his application, Petitioner states that he was discharged due to high year tenure restrictions. In this regard, the high-year tenure for a third class petty officer is eight years, and there is no documentation in the record to suggest that Petitioner was prevented from reenlisting for any other reason.

f.	An RE-4 reenlistment code is required when an individual is separated at the expiration of his/her term of active obligated service and is not recommended for retention. However, if the individual is not permitted to reenlist due to high year tenure, and RE-6 reenlistment code may be assigned.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.

Specifically, the Board believes that since Petitioner completed more than eight years of active service without any disciplinary infraction and received two Good Conduct Medals, the interests of justice would be better served by changing his record to show the assignment of an RE-6 code, which means he was denied reenlistment due to High Year Tenure. This code would more accurately reflect the quality of his service.

RECOMMENDATION.

a.	That Petitioner’s naval record be corrected to show that on 8 August 2004 Petitioner was issued a RE-6 reenlistment code vice the RE-4 reenlistment code actually issued on that date.

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. 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	ALAN E. GOLDSMITH
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. DEAN PFEIFFER
							Executive Director