DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 2956-01
23 August 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) 10 U.S.C.1552
(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 Navy, applied to this Board
requesting, in effect, changes in the reason for discharge and
reenlistment code.
The Board, consisting of Messrs. Pfeiffer, Zsalman, and
2.
Neuschafer reviewed Petitioner's allegations of error and
injustice on 22 August 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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.
Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.
C .
Petitioner enlisted in the Navy on 18 November 1996 for
During the REU interview,
The medical record reflects that on 19 December
four years.
1996, she was referred to the recruit evaluation unit
multiple episodes of sleepwalking.
she reported a history of sleepwalking since age 10 and also
said that her parents told her that she had sleepwalked on
numerous occasions.
A report from the recruit division
commander and the ship's officer noted that Petitioner's
episodes of sleepwalking had been documented by witness
statements.
She was diagnosed as having a sleepwalking
disorder, and an entry level separation was recommended since
this condition represented a continuing danger to herself if
retained.
(REU) for
d.
On 8 January 1997, Petitioner received an
uncharacterized entry level separation by reason of erroneous
entry and was assigned an RE-4 reenlistment code.
processing documentation is not on file in the record.
The discharge
e.
The Board is aware that an individual can be separated
due to an erroneous enlistment if there is a condition which,
had it been known prior to enlistment, would have prevented
enlistment.
Sleepwalking is such a condition.
f.
Regulations authorize the assignment of an RE-3E or
RE-4 reenlistment code to individuals separated by reason of
erroneous enlistment.
individual is eligible for reenlistment except for the
disqualifying factor of sleepwalking.
by recruiting officials if they can be convinced that the
diagnosis was invalid or erroneous,
exists.
An RE-3E reenlistment code means that the
or the condition no longer
This code may be waived
Q-
Petitioner states that she does not recall telling
anyone in recruit training that she had walked in her sleep when
she was younger, and she was falsely accused of doing so.
She
provides a statement from her parents who state that they never
caught her sleepwalking.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Absent medical evidence that the diagnosis of
2
the Board concludes that the reason
However,
Sleepwalking was erroneous,
for separation was proper and no change is warranted.
the Board believes assignment of the most restrictive RE-4
reenlistment code to be unduly harsh and she should not be
prevented from further service if she can provide convincing
evidence to recruiting officials that the condition no longer
exists.
Petitioner had no disciplinary actions or other problems in
recruit training.
appropriate and just to change the reenlistment code to RE-3E.
In this regard, the Board notes that it appears
The Board concludes that it would be
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by chang-
assigned on 8 January 1997, to
ing the RE-4 reenlistment code,
RE-3E.
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
references 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,
true and complete record of the Board's proceedings in the above
entitled matter.
and that the foregoing is a
//Ggzw
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for
Naval Records (32 Code of Federal Regulations,
Correction of
Section 723.6
3
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a),
Board on behalf of the Secretary of the Navy.
has been approved by the
W. DEAN PF
Executive D
4
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