DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 5301-01
28 December 2001
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) 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 his naval record be corrected to
show that he was discharged by reason of physical disability, and that he was assigned a
reenlistment code of RE-3Q or other more favorable code.
2. The Board, consisting of Messrs. Bishop, Ensley and Neuschafer, reviewed Petitioner
allegations of error and injustice on 13 December 2001 and, pursuant to its regulations,
determined that the partial 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.
’s
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 regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
C.
Petitioner enlisted in the Navy on 4 March 1999. He appeared before a medical
board on 4 May 2000, and was given diagnoses of migraine headaches, hypertension,
euthyroid goiter, hypercalcemia, tachycardia, hypercalcinuria, and elevated testosterone. The
medical board recommended that his case be referred to the Physical Evaluation Board for
disposition. Petitioner contends that as he did not want to remain on active duty for what he
thought would be an extended period of time while his disability evaluation processing was
completed, he opted for an administrative discharge.
reason of failure to complete a commissioning program.
reenlistment code of RE-3Q or RE-4, and his commanding officer directed that he be
2000 by
He was eligible for assignment of a
He was discharged on 6 July
assigned the latter code.
Forces should his medical condition change. He has recently learned that although his
medical conditions have resolved, he remains ineligible for reenlistment because of his
reenlistment code.
Petitioner contends he was told that he could reenter the Armed
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that
Petitioner has been unfairly stigmatized by an RE-4 reenlistment code, and that it would be
in the interest of justice to correct his record to show that he was assigned a reenlistment
code of RE-3Q.
evaluation processing, there is no basis for correcting his record to show that he was
discharged by reason of physical disability.
In view of Petitioner ’s apparent waiver of his right to undergo disability
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 6 July
2000, he was
RE-3Q, vice the code of RE-4 he was actually assigned on
assigned a reenlistment code of
that date.
b. That so much of his request for corrective action as exceeds the foregoing be
denied.
C. 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
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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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