DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 2O37O-5100

		SMW
Docket No: 9623-06
15 March 2007

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

Subj:   NAVAL RECORD OF 

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

End:	(1) Case Summary
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the United States Navy Reserve, applied to this Board requesting a change in his reenlistment code.

2.	The Board, consisting of Mr. reviewed Petitioner’s allegations of error and injustice on 14 March 2007, 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.	Petitioner’s application was filed in a timely manner.

c.	On 21 July 2000 Petitioner enlisted in the Navy at age 19.

d.	On 1 May 2002 Petitioner received nonjudicial punishment (NJP) for making a false official statement and larceny. He then served without disciplinary incident for nearly four years.

e.	Performance evaluations show that Petitioner was an outstanding hydraulics technician and was recommended for retention during the period from 2001 to 2004. He was promoted to machinist mate third class (NM3/E-4) on 16 September 2004.

f.	On 13 March 2006 Petitioner received a detachment performance evaluation which stated that he was an outstanding Sailor with unparalleled technical expertise, but retention was not recommended due to his failure of the run portion of the physical fitness assessment (PFA) on three occasions.

g.	On 20 March 2006 Petitioner was honorably released from active duty due to completion of required active service and assigned an RE-4 reenlistment code.

h.	During his enlistment, Petitioner participated in Operation Iraqi Freedom, Operation Vigilant Resolve, and Operation Enduring Freedom. He was awarded the Armed Forces Expeditionary Medal,
National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Navy “E” Ribbon, Meritorious Unit Commendation, Sea Service Deployment Ribbon, and Global War on
Terrorism Service Medal.

i.	In his application, Petitioner states that the RE-4 reenlistment code is preventing him from serving in the Navy Reserve.

j.	Regulations authorize the assignment of an RE-4 reenlistment code to Sailors who have completed their enlistment. The assignment of an RE-4 reenlistment code under these circumstances means that a Sailor is not eligible or recommended for reenlistment. However, regulations also authorize the assignment of an RE-3F reenlistment code for a Sailor, such as Petitioner, who was not recommended for retention due to PFA failures.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. In this regard, although Petitioner was not recommended for retention, the Board notes that this recommendation was based only on his PFA failures. Since an RE-3F reenlistment code is authorized for a Sailor who is separated upon completion of required active service, but not recommended for retention due to PFA failures, the Board believes that this is the most appropriate code. Accordingly, the record should be corrected to show that he was assigned an RE-3F reenlistment code.

RECOMMENDAT ION:

a.	That Petitioner’s naval record be corrected to show that he was assigned a reenlistment code of RE-3F on 20 March 2006 vice the RE-4 reenlistment code actually assigned on that date.

b.	That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the changes in his 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