DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

Docket No: 4923-18

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

Subj:

Ref:  (a) 10 U.S.C. § 1552

Encl: (1) DD Form 149 w/attachments

1. Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board, requesting that her general (under honorable conditions) characterization of service be upgraded and her reentry (RE) code be changed.

2. The Board, consisting of	, reviewed Petitioner's allegations of error and injustice on 20 May 2019 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 enclosure, relevant portions of Petitioner's 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 regulation within the Department of the Navy.

  b. Although the enclosure was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits.

  c. Petitioner enlisted in the Navy on 29 January 2001. During her enlistment, she received one evaluation with a 2.83 overall trait average (OTA). At the time, a 2.5 OTA was required for an honorable characterization of service. She then requested discharge due to Parenthood or Custody of Minor Children when her mother was hospitalized. (Her mother was her son's primary caregiver.)

d. On 31 January 2002, the Petitioner was administratively separated by reason of Parenthood or Custody of Minor Children with a general (under honorable conditions) characterization of service and an RE-4 reenlistment code.

MAJORITY CONCLUSION:

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

In reaching its conclusion, the majority initially noted Petitioner's time in service. After careful and conscientious consideration of the entire record, the majority concluded that, even though Petitioner's general (under honorable conditions) characterization of service was proper, her record should reflect an honorable characterization of service and RE-3B reenlistment code, based on her statement. In view of the foregoing, the majority recommends the following corrective action:

MAJORITY RECOMMENDATION:

   a. Petitioner's naval record be corrected to show that her characterization of separation was "Honorable" rather than "General," and that she was issued an "RE-3B" instead of "RE-4" reentry code on 31 January 2002. Additionally, the issuance of a new Certificate of Release or Discharge from Active Duty (DD Form 214) is directed.

   b. A copy of this report of proceedings be filed in Petitioner's naval record.

   c. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received on 6 June 2018.

MINORITY CONCLUSION:

The  Board's minority concludes that Petitioner's request docs not warrant favorable action.

The minority member noted that Petitioner was recommended as l/1 Promotable and received a 1.0 in military bearing. These marks supported Petitioner's general (under honorable conditions) characterization of service and RE-4 code.

In view of the foregoing, the minority finds no injustice warranting corrective action. 

MINORITY RECOMMENDATION:

That Petitioner's request be denied.

4. The foregoing action of the Board is submitted for your review and action.




   Reviewed and APPROVED the Majority