DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6646-17 From: Chainnan, Board for Correction ofNaval Records To: Secretary ofthe Navy Ref: (a) Title I 0 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) DD Fonn 2 14 1. Pursuant to the provisions ofreference (a), Petitioner, a fonner enlisted member ofthe U.S. Navy, filed enclosure ( 1) with this Board requesting, that her reenlistment code be changed from RE-4 to a code which would allow her to be eligible for reenlistment into the U.S. Navy Reserve. Enclosures ( 1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 16 August 2017 and, pursuant to Board regulations, and in a vote of3 to 0 detennined that the evidence was insufficient to es tab I ish the existence ofprobable material error or injustice and that no corrective action should be taken. Documentary material considered by the Board consisted ofthe Petitioner's application, together with all material submitted in suppo1i thereof, the Petitioner's Navy record 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 not filed in a timely manner, however, the Board found it in the interest ofjustice to waive the statute oflimitations and consider the Petitioner's full application on its merits. c. Petitioner enlisted in the Navy and began a period of active service on 27 August 1997. d. Petitioner was discharged in accordance with MILPERSMAN 1910.124 for convenience of the government because she could not comply with the requirements for parenthood (family care plan). At the time Petitioner had a newborn daughter who was ill. On 22 March 2000, Petitioner was discharged with an honorable characterization of service, a MDG separation code, and an RE-4 reenlistment code. BOARD'S CONCLUSION: The Board considered Petitioner' s request and concluded these factors were not sufficient to warrant relief because the assigned reenlistment code was authorized and appropriately assigned in accordance with established regulations and guidelines at the time of the separation. In this regard, Petitioner was assigned the most appropriate reenlistment code based on her circumstances. Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request did not warrant favorable action. BOARD'S RECOMMEDATION: The Board recommends that Petitioner's request be denied. BCNR EXECUTIVE DIRECTOR CONCLUSION: Notwithstanding the Board's conclusion, I believe, to the contrary, that the Petitioner's claim has merit, and she has established injustice in her record, and that corrective action should be taken as outlined below. At the conclusion of her active duty service Petitioner was a Hospital Corpsman (E-3), who had no disciplinary or administrative actions in her record and was discharged with an honorable characterization solely because she could not meet the Navy's dependent care requirements. At the time she had an infant daughter who was ill. Based upon Petitioner's record, an RE-3B reenlistment code is authorized and would enable Petitioner to reenlist should she meet the eligibility requirements for reenlistment. BCNR EXECUTIVE DIRECTOR RECOMMENDATION: The Executive Director recommends that Petitioner's naval record be corrected to change her separation code from RE-4 to RE-3B. Accordingly, the Executive Director recommends that the following corrections be made to Petitioner's Certificate of Release or Discharge from Active Duty (DD Fonn 214): That Petitioner's reenlistment code be corrected to RE-3B. That Petitioner be issued a DD Form 215 -Correction to DD Form 214. That a copy of this Report of Proceedings be filed in Petitioner's naval record; and That no further reliefbe 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. 5. The foregoing action of the Board is submitted for your review and action. Executive Director