DEPARTMENT OF
BOARD FOR CORRECTION OF
THE NAVY
NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
2037ll-5100
JRE
Docket No: 2456-01
1 June 2001
From: Chairman, Board for Correction of Naval
To:
Secretary of the Navy
Records
Subj:
Ref:
Encl:
FORMER.
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(1) DD Form 149
(2) 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
received on 8 December 2000.
reenlistlment (RE) code more favorable than the RE-4 he
2. The Board, consisting of Ms. M.oidel, and Messrs. Brezna and Silberman, reviewed
Petitioner’s allegations of error and injustice on 26 Ap
regulations, determined that the
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
indic;ited below should be taken on the
51 2001 and, pursuant to its
corrlective action
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 served
in the Navy from 20 November to 8 December 2000, when he was
medicsal procurement standards because of a disqualifying eye
discharged for failing to meet
condition. He received a reenlistment code of RE-4,
He presented medical evidence in support of the
condition may have been misdiagnosed, and that the defect in his eyes is not visually
significant or progressive.
2.s required by governing directives.
applic.ation which indicates that his eye
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
erroneous enlistment will be assigned a code of RE-4 or
of
commanding officer.
RE-3P, in the discretion of the
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes
that Petitioner should have been discharged by reason of erroneous enlistment. As there is
no evidence that he had any performance problems or
&sciplinary infractions during his
period of service, the Board finds that his record does not warrant the assignment of the
stigmatizing reenlistment code of REI-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 8 December 2000,
was discharged by reason of erroneous enlistment, and assigned a reenlistment code of
3P in lieu of the code of RE-4 actually assigned on
,that date.
he
RE-
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.
mP
MES R. EXNICIOS
,Act. ng Recorder
ROBERT D.
Recorder
ZSALMAN
to the delegation of authority set out in Section 6(e) of the revised Procedures
5. Pursuant
of the Board for correction of Naval Records (32
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
of reference (a), has been approved by
foregoing corrective action, taken under the authority
the Board on behalf of the Secretary of the Navy.
Code of Federal Regulations, Section
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