DEPARTMENT OF THE NAVY
BOARD
FOFI CORRECTION OF
NA’IAL RECORDS
2 NAVY ANNEX
WF\SHlNGTON DC 20370.510
0
JRE
Docket No: 3 136-01
5 June 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
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
show that he was assigned a reenlistment (RE) code
received on 19 May 2000.
retquesting, in effect, that his naval record be corrected to
more favorable than the RE-4 he
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, regu!
cc’nsidered by the Board consisted of the
Ma;/ 2001 and, pursuant to its
ations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice finds as follows:
’s allegations
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and
regu.lations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
Petitioner served in the Navy from 16 March
1.0 19 May 2000, when he was
C.
discharged for failing to meet procurement medical standards because of shoulder arthralgia
and instability. He received a reenlistment code of RE-4, as required by governing
directives.
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
commanding officer.
RE-3P, in the discretion of the
ox
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.
no evidence that he had any performance problems or disciplinary infractions during his
period of service, the Board concludes that the assignment of the stigmatizing reenlistment
code of RE-4 is unwarranted.
As there is
In view of the foregoing, the Board
following corrective action.
RECOMMENDATION:
finds the existence of an injustice warranting the
a. That Petitioner ’s naval
recolrd be corrected to show that on 19 May 2000, he was
discharged 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
1Acting Recorder
Pursuant to the delegation of
5.
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
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
aunhority set out in Section 6(e) of the revised Procedures
Cod? of Federal Regulations, Section
G
W’.
Executive
Direct0
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