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.
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