Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 03031-01
Original file (03031-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No: 3031-01
15 June 2001

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: FORMER 9? menmesas,

REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552

Encl: (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 her naval record be corrected to

show that she was assigned a reenlistment (RE) code more favorable than the RE-4 she
received on 2 March 1999.

2. The Board, consisting of Mses. Gilbert and Schnittman and Mr. Bishop, reviewed
Petitioner’s allegations of error and injustice on 17 May 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 served in the Navy from 20 January to 2 March 1999, when she was
discharged for failing to meet procurement medical standards because of numbness in her
hands attributed to pronator teres syndrome, which is a neurological disorder. She received
a reenlistment code of RE-4, as required by governing directives. She has presented medical

evidence in support of her application which indicates that the numbness may have resulted
from tendinitis, rather that the diagnosed neurological condition.

d. SECNAVINST 1900.8 provides, in effect, that Sailors discharged for failing to meet
procurement medical/physical standards will be assigned a reenlistment code of RE-4. Those
discharged because of erroneous enlistment may be assigned a code of RE-4 or RE-3E, 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 of erroneous enlistment, vice failure of
procurement standards. As there is no evidence that she had any performance problems or
disciplinary infractions during her period of service, the Board concludes that the assignment
of the stigmatizing reenlistment code of RE-4 is unwarranted.

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 2 March 1999, she was
discharged by reason of erroneous enlistment, and assigned a reenlistment code of RE-3E 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

 

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.

Similar Decisions

  • NAVY | BCNR | CY2001 | 07730-01

    Original file (07730-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to show that she was assigned a reenlistment code more favorable than the code of RE-4 she was assigned on 30 July 1998. The Board, consisting of Messrs. Hogue, Kastner and allegations of error and injustice on 1 November 2001 and, pursuant to its regulations, determined that the corrective action indicated...

  • NAVY | BCNR | CY2007 | 04752-07

    Original file (04752-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner a former enlisted member of the Navy, filed enclosure (1) with this Board, requesting a change in her RE-4 reenlistment code and reason for discharge (“Failed Medical/Physical Procurement Standards”)- 2. She was discharged with an entry level separation, assigned an RE-4 reenlistment code, and a JFW separation code on 9 March 2006.f. That a copy of this report of proceedings be filed in Petitioner’s naval record.c.

  • NAVY | BCNR | CY2002 | 06804-02

    Original file (06804-02.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD NAVY ANNEX 2 WASHINGTON DC 20370.510 0 S JRE Docket No: 6804-02 14 November 2002 : Chairman, Board for Correction of Naval Records From To: Secretary of the Navy Subj : FORMER REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Subject, filed enclosure (1) with this Board requesting, in effect, show that she was assigned a reenlistment code of RE-1 hereinafter referred to as Petitioner, that her...

  • NAVY | BCNR | CY2009 | 11724-09

    Original file (11724-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting her naval record be corrected by changing the reentry code she was assigned on 1 September 2009. A Sailor who is found to pe not physically qualified for enlistment may, in the alternative, pe separated by reason of erroneous entry and assigned a reentry code of RE-3E or RE-4. Accordingly, the Board recommends that Petitioner's reason for separation be changed to erroneous entry.

  • NAVY | BCNR | CY2009 | 01756-09

    Original file (01756-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting hER naval record be corrected by changing the reentry code she was assigned on 8 January 2009. The Board, consisting of Mr - ieee, Mr. im and Ms. WME ceviewed Petitioner's allegations of error and injustice on 11 March 2009 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. A Sailor who is found to be not...

  • NAVY | BCNR | CY2008 | 06071-08

    Original file (06071-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting her naval: records be corrected by changing the reentry code she was assigned on 20 May 2008. reviewed Petitioner's allegations of error and injustice on 30 July 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 20 May 2008, she was separated from the Navy with an entry level separation by reason of her...

  • NAVY | BCNR | CY2007 | 05963-07

    Original file (05963-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting that her naval record be corrected by changing the RE-4 reentry code assigned on 12 August 2005. Accordingly, the Board recommends that Petitioner’s reason for separation be changed to erroneous enlistment vice the reason for separation now of record. That Petitioner's naval record be corrected to show that on 12 August 2005 she received an entry level separation by reason of erroneous enlistment and...

  • NAVY | BCNR | CY2007 | 04413-07

    Original file (04413-07.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting that her naval record be corrected by changing the RE-4 reentry code assigned on 11 April 2007. b. Petitioner enlisted in the Navy on 12 March 2007. Accordingly, the Board recommends that Petitioner’s reason for separation be changed to erroneous enlistment vice the reason for separation now of record.

  • NAVY | BCNR | CY2009 | 06084-09

    Original file (06084-09.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting her naval record be corrected by changing the reason for discharge and the reentry code she was assigned on 27 March 2009. (gies, GAM and WIN ceviewed Petitioner's allegations of error and injustice on 24 June 2009 and, pursuant to its reguiations, determined that the corrective action indicated below should be | taken on the available evidence of record. A Sailor who is found to be not physically...

  • NAVY | BCNR | CY2009 | 07401-09

    Original file (07401-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100cpa Docket No: 7401-09 5 October 2009 ° From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER agagiieeeoseemes Meme REVIEW OF - NAVAL’ RECORD Ref: (a) Title 10 U.S.C. b. Petitioner enlisted in the Navy on 8 August 2007. Petitioner's naval record.