DEPARTMENT OF THE NAVY
BOARD FOR: CORRECTION OF
2 NAVY ANNE
NA’IAL RECORD
X
S
WASHINGTON DC 20370.510
0
JRE
Docket No:
5 June 2001
108801
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
FORMER
REVIEW
Ref: (a)
10
U.S.C. 1552
Encl:
(1)
(2)
DD Form 149
Subject’s naval record
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 (RE) code more favorable than the RE-4 he
received on 25 March 1999.
2. The Board, consisting of Mses. Gilbert and Schnittman and Mr. Bishop, reviewed
Petitioner’s allegations of error and injustice on 17
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material
enclosures, naval records, and applicable statutes, regulations and policies.
May 2001 and, pursuant to its
cclnsidered by the Board consisted of the
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
BoarId, 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 served in the Navy from 22 February to 25 March 1999, when he was
discharged for failing to meet procurement medical standards because of a non-union
fracture. He received a reenlistment code of RE-4, as required by governing directives.
He.presented evidence in support of
lhis application which indicates the fracture has been
repaired, and that he had been released to full duties without restriction.
d. SECNAVINST 1900.8 provides, in effect, that Sailors discharged for failing to meet
procurement medical/physical standards will be assigned an RE-4. Those discharged because
of erroneous enlistment are assigned a code of RE-4 or
RE-3P, in the discretion of the
commanding officer.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes
that Petitioner should have been discharged by reason
no evidence that he had any performance problems or disciplinary infractions during his
period of service, the Board
code of RE-4 is unwarranted.
concludles that the assignment of the stigmatizing reenlistment
of erroneous enlistment. As there is
In view of the foregoing, the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
. That Petitioner ’s naval record be corrected to show that on 25 March 1999, he was
dischaarged by-reason of erroneous enlistment, and assigned a reenlistment code of RE-3P in
lieu of the code of RE-4 actually assigned on that date.
b. 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
L/Act.ng Recorder
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for correction of
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.
Navdl Records (32 Code of Federal Regulations, Section
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