DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7679-00
30 May 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF’
Ref: (a) 10 U.S.C. 1552
End: (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 Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that his naval record be corrected to show a reason
for discharge other than fraudulent enlistment. Additionally, he requests
that his record be corrected by changing the RE-3P reenlistment code
assigned on 21 August 1998.
2. The Board, consisting of Mr. Morgan, Mr. Lippolis, and Mr. Taylor,
reviewed Petitioner’s allegations of error and injustice on 25 April 2001
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 Marine Corps on 30 July 1997 at age 18. On
his pre—enlistment documents, Petitioner disclosed he had surgery on his
right hand as a child. He did not disclose that he still had chronic hand
pain, but the Report of Medical History (SF 93) he completed at the time
does not require that the individual provide information about such pain.
The form does mention “other medical reasons” and refers to medical
treatment for other than minor illnesses.
d. Petitioner’s record reflects that he served on active duty for 21
days. During this period Petitioner was not the subject of any disciplinary
action. On 2 August 1997 he fell on his right hand.
e. On 11 August 1997 the commanding officer directed an entdry level
separation by reason of fraudulent enlistment due to pre— service
undisclosed chronic pain in his right hand. On 21 August 1997 he received
an entry level separation by reason of fraudulent enlistment. At that time
he was assigned an RE-3P reenlistment code.
f. In his application, Petitioner admits he should have elaborated more
on his hand condition but thought that he could “tough it out”. In this
regard, the record reflects that after his fall but prior to separation,
Petitioner admitted that he had been treated for hand pain for six years,
apparently following the surgery.
g. In order for an enlistment to be fraudulent it must be shown that the
individual knowingly made a false representation or engaged in a deliberate
concealment. An erroneous enlistment occurs when a mistake is made in
recruiting a particular individual, and the enlistment would not have
occurred if all of the relevant facts had been known.
h. An RE-3P reenlistment code is authorized by regulatory guidance and
is assigned when the individual is separated due to the individual’s
failure to meet the physical standards for enlistment. It is the most
favorable code that may be assigned to an individual separated due to
erroneous or fraudulent enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants favorable action. In this
regard, the Board believes that chronic hand pain can be perceived in many
ways. Petitioner felt that the pain was not great enough at the time of
enlistment that he should reveal it. Further, the SF 93 is somewhat
ambiguous about whether such pain must be disclosed. It appears that he
should have disclosed the six years of medical treatment, but he may have
believed that such treatment was merely a consequence of the surgery he did
disclose. Therefore, the Board concludes that erroneous enlistment should
be the reason for discharge. Accordingly, the Board recommends that
Petitioner’s reason for separation be changed to erroneous enlistment
instead of fraudulent enlistment.
Although Petitioner has requested that his reenlistment code be changed,
the Board notes that the RE-3P reenlistment code is the
2
most favorable code that can be assigned for individuals discharged due to
erroneous enlistment.
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 he received
an entry level separation by reason of erroneous enlistment on 21 August
1997.
b. That no further relief be granted.
c. That any material or entries inconsistent with or relating to the
Board’s recommendation be corrected, removed or completely expunged from
Petitioner’s record and that no such entries or material be added to the
record in the future.
d. That any material directed to be removed from Petitioner’s naval
record be returned to the Board, together with a copy of this Report of
Proceedings, for retention in a confidential file maintained for such
purpose, with no cross reference being made a part of 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.
ROBERT D. ZSALMAN AN E. GOLDSMITH
Recorder ting 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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