Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7640-98
30 April 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
L
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
Ref:
Encl:
I
.
l
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to
show that he was assigned a reenlistment code of RE-3, vice the code of RE-4 he actually
received.
of-MS. Schnittman and Messrs. Bartlett and Schultz, reviewed
2. The Board, consisting
Petitioner’s allegations of error and injustice on 15 April 1999 and, pursuant to its
regulations, determined that the partial 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.
Petitioner underwent a pre-enlistment physical examination on
30 June 1997 and was
C.
found qualified for enlistment. He did not disclose a history of knee pain or treatment for a
knee condition. He sought medical care from a private physician during September 1997 for
a complaint of increasing pain in the left knee. The results of an MRI scan of the knee were
unremarkable, and there were no significant changes compared to the scan taken on 6
October 1992, presumably for left knee pain. Available records do not address the etiology
of the increasing pain. He enlisted in the Navy on 23 October 1997, and began to complain
of knee pain shortly thereafter. He was discharged on 26 November 1997, having completed
35 days of service, due to his failure to meet procurement medical fitness standards because
of retropatellar pain.
CONCLUSION:
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice with regard to Petitioner ’s discharge for failing to meet procurement physical
standards. The Board concluded that the discharge was proper in view of the increased knee
pain he experience prior to entering active duty, and his inability to perform his duties
secondary to that pain. The evidence which indicates that his knee is no longer symptomatic,
while relevant to the issue of his current fitness for military service, provides no basis for
setting aside his discharge. With regard to his reenlistment code, the Board noted that a
service member being discharged for erroneous enlistment may be assigned a reenlistment
code of RE-3E or RE-4, at the discretion of the commanding officer. As there in no
evidence that Petitioner committed any acts of misconduct during his enlistment, and
notwithstanding his failure to fully disclose his history of knee pain, the Board concluded that
a code of RE-3E would be more appropriate than a code of RE-4.
’
In view of the foregoing, the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that on 26 November 1997, he
was assigned a reenlistment code of RE-3E.
b. That so much of Petitioner ’s request for correction of his record as exceeds the
foregoing be denied.
c. That a copy of this Report of Proceedings be filed in Petitioner
’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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
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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f. Regulations authorize the assignment of an RE-3E or RE-4 reenlistment code to individuals discharged by reason of erroneous enlistment. The Board believes that if these juvenile offenses committed eight years ago are no longer disqualifying when properly disclosed to National Guard recruiting authorities, he should not have the most restrictive reenlistment code. That Petitioner's naval record be corrected by changing the RE-4 reenlistment code, assigned 21 April 1997, to RE-3E.