DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6837-01
10 October 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 requesting, in effect, that his naval record be corrected to
show that he was assigned a reenlistment code more favorable than the code of RE-4 he
received on 23 June 2000.
2. The Board, consisting of Messrs. Zsalman, Shy and Goldsmith, reviewed Petitioner
allegations of error and injustice on 27 September 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.
’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 served in the Navy 28 December 1999 to 23 June 2000, when he was
discharged by reason of “Condition Not A Disability ”, because of a knee condition which
interfered with his performance of duty.
condition, which may have been misdiagnosed by Navy physicians, has been corrected
surgically.
Evidence submitted by Petitioner indicates that the
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially since the
condition which interfered with Petitioner ’s performance of duty has been corrected, the
Board concludes that it would be in the interest of justice to correct his record to show that
he was issued a reenlistment code of RE-3G.
Although that action will not obviate the
necessity that he obtain a waiver of his the underlying basis for his discharge in order to
reenlist, the likelihood of his being permitted to reenlist will be greatly enhanced as
compared to what it would be with a code of RE-4. In addition, it removes what may be
considered an unfair stigma, given the absence of any record of misconduct or poor
performance in his naval record.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 23 June 2000, he was
assigned a reenlistment code of RE-3G.
T
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
ting 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.
= W. DEAN
SEIFFER
Executive Director
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