DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7325-98
16 July 1999
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 4%
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy filed enclosure
(1) with this Board requesting that her reenlistment code be
changed.
2. The Board, consisting of Mr. Mathews, Mr. Dunn and Ms.
McCormick, reviewed Petitioner's allegations of error and
injustice on 13 July 1999 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 enlisted in the Navy on 29 October 1996 at
age 20. On 19 November 1996 she was diagnosed with asthma. The
doctor notes that "this condition was not correctable to meet
Navy standards" and recommended administrative separation. Based
on the doctors recommendation, she was processed for an
administrative separation due to erroneous enlistment. In
connection with this processing, she waived all of her procedural
rights. On 26 November 1996, the commanding officer directed an
entry level separation and she was so separated on 28 November
1996. The narrative reason for separation is "Erroneous Entry
(other)" and the Separation Program Designator (SPD) is "JFC".
At that time she was not recommended for reenlistment and was
assigned an RE-4 reenlistment code.
d. Petitioner contends that she does not have asthma and
requests that her reenlistment code be changed. She states that
before coming in the Navy she could run two miles without
difficulty. She had submitted several post service pulmonary
function tests (PFT) which she contends show that she does not
have asthma.
e. Attached to enclosure (2) is an advisory opinion from
the Pulmonary Division, National Naval Medical Center. The
advisory opinion states, in part, as follows:
The information obtained to this point was
suggestive of asthma, but was not sufficient to allowa
diagnosis of asthma to be made.
.. Fortunately, (she) had further testing performed
after being discharged from the Navy. ... The PFT
indication listed is wheezing and shortness of breath.
This information, in conjunction with the date obtained
by the physicians at Great Lakes RTC is sufficient to
establish the diagnosis of asthma (airways obstruction
on more than one occasion with reversibility and
symptoms).
.. My recommendation is “jo not modify/correct the
discharge status. The available information supports
the diagnosis of asthma and the post-service medical
information confirms this impression of the physician
at Great Lakes. My opinion is that she does indeed
have asthma and was enlisted in error.
f. Regulations allow for the assignment of an RE-3E or an
RE-4 reenlistment code when an SPD code of JFC is used.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes the comments from the National Naval
Medical Center and believes that Petitioner probably has asthma
and was properly separated from the Navy. However, the Board
also notes that based on the available documentation, the
diagnosis cannot be conclusive. Additionally, there is no
indication in the record that Petitioner had any problems in
recruit training except those directly related to the diagnosed
asthma. Therefore, the Board concludes that the RE-4
reenlistment code is inappropriate and should now be changed to
the less restrictive RE-3E. This code will alert recruiters that
an evaluation of her physical status is required before an
enlistment can be authorized.
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will be aware of the diagnosis of asthma and understand
the reason for the change in the reenlistment code.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
she was assigned an RE-3E reenlistment code on 28 November 1996
vice the RE-4 reenlistment code now of record.
b. That this Report of Proceedings be filed in 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. LAE—LZA
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 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.
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