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

					

					Docket No: 10232-06
									17 January 2008

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

Subj:	REVIEW FORMER OF NAVAL RECORD

Ref: (a) Title 10 U.S.C. 1552
		  
		    Encl:  	(1)	Case Summary
(2)		Subject’s of Naval Record 

1.	Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting his naval record be corrected by changing the reentry code and reason for discharge he was assigned on 21 March 2006.

2.	The Board, consisting of Ms. Prevatt and Messrs. Blanchard and Bourgeois, reviewed Petitioner’s allegations of error and injustice on 28 November 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.	On 10 March 2004 Petitioner reenlisted in the Navy after more than four years of prior active service. He was dropped from imagery C school on 17 June 2004 for “legal reasons” which are not shown in the available records. As he could no longer perform the duties of an intelligence specialist due to the loss of his security clearance, he was reassigned to a holding company at Navy and Marine Corps Intelligence Training Center, Dam Neck,, Virginia. On 9 February 2006 he was ordered to report to HM “A” school for training, and required to obligate service (OBLISERVE) to February 2010. He was advised that failure to OBLISERVE could result in his administrative separation from the naval service. On 9 February 2006, after being advised of the orders and the possible consequences of failing to OBLISERVE, he stated in writing that he did not wish to OBLISERVE.

c.	On 6 April 2006 Petitioner’s commanding officer
recommended that he be separated from the Navy with an honorable discharge by reason of unsatisfactory performance based on the revocation of his security clearance, which precluded him from performing the duties of an IS2. When informed of this recommendation and his rights in connection therewith, Petitioner waived his right to counsel and an administrative separation board. After review by the discharge authority, the recommendation for separation was approved and on 21 March 2006 Petitioner was separated with an honorable discharge by reason of unsatisfactory performance and assigned a reentry code of RE-4.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner was properly discharged from the Navy; however, it believes that he deserves a second chance and should not be denied further service in some other component of the armed forces. Accordingly, the Board recommends, as an exception to policy, that his reentry code be changed to RE-l.

RECONMENDATION:

a.	That Petitioner’s naval record be corrected to show that on 21 March 2006, he was assigned a reentry code of RE-i.

b.	That a copy of this Report of Proceedings be filed in Petitioner’s naval record.

c.	That no further relief be granted.

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	 JAMES R. EXNICIOS
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 Regulations, 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