DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 5274-99
16 June 2000
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
FORMER.
REVIEW OF NAVAL RECORD
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 requesting, in effect, that her naval record be corrected to
show that he was not discharged because of osteoporosis, and that his reenlistment code be
changed.
2. The Board, consisting of Ms.
LeBlanc and Messrs.
Petitioner’s allegations of error and injustice on 8 June
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.
Caron and Milner reviewed
20 and, pursuant to its regulations,
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 enlisted in the Marine Corps on 11 March 1996. He experienced bilateral
knee pain after commencing training, and was ultimately given diagnoses of stress fracture,
left tibia, and avascular necrosis versus transient osteoporosis of the right femoral head. In
the opinion of the orthopedic specialist who evaluated Petitioner, it was unclear whether the
latter condition existed prior to Petitioner ’s enlistment, or was incurred in training. As
Petitioner apparently indicated that he did not want to be evaluated by medical or physical
evaluation boards, he was recommended for discharge for failure to meet minimum physical
standards for enlistment. He was discharged by reason of “Defective Enlistment
&
Induction-Erroneous Enlistment-OSTEOPOROSIS” on 9 May 1996, and assigned a
reenlistment code of
RE-3F, to indicate he had failed to complete recruit training.
d.
In support of the application, Petitioner has submitted medical evidence which is to
the effect that he does not suffer from osteoporosis.
e. DOD Directive 6130.3, Physical Standards for Appointment, Enlistment, and
.9.13, provides that osteoporosis is condition which is
Induction, 2 May 1994, paragraph El
disqualifying for enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that
although Petitioner may have suffered from transient osteoporosis, rather than avascular
necrosis, the actual diagnosis in unclear.
In any event, it does not appear that he suffered
from generalized osteoporosis as may be inferred from the narrative reason for his separation
as shown on his DD Form 214. The Board concludes that it would be in the interest of
justice to resolve doubt in his favor, and change the basis for his discharge to condition, not
a disability, interfering with duty, and his reenlistment code to RE-3P.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that he was discharged from the
Marine Corps on 9 May 1996 by reason of a condition, not a disability, interfering with
duty, and that he was assigned a reenlistment code of
RE-3P, vice RE-3F.
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
LY Acting 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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