DEPART ’MENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6914-01
14 November
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)
(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 of RE-3, rather than the RE-4 code he
received on 17 April
2001, and that his discharge be upgraded from “general [sic] to
honorable”.
Zsalman reviewed Petitioner’s
2. The Board, consisting of Messrs. Goldsmith, Shy and
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.
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.
.
Petitioner served in the Navy on from 6 February to 17 April 2001, when he was
discI&ged with an entry level separation for failing to meet procurement medical standards
because of a symptomatic hydrocele. 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 reenlistment code. Those
discharged because of erroneous enlistment, however, may be assigned a code of RE-4 or
RE-3E, in the discretion of the commanding officer.
e. Petitioner contends that the condition which resulted in his discharge does not exists,
and he wants his record to be corrected so that he will be eligible for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes
that Petitioner was properly discharged because of his failure to meet minimum physical
standards for enlistment and assigned an reenlistment code of RE-4; however, as there is no
evidence that he had any performance problems or disciplinary infractions during his period
of service, the assignment of the stigmatizing reenlistment code of RE-4 is unjust.
The Board notes that Petitioner was in an entry level status when separated from the Navy;
accordingly, there is no basis for changing his entry level separation to a characterized
discharge.
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 17 April
2001, he was
discharged by reason of erroneous enlistment, and assigned a reenlistment code of RE-3E.
b. That so much of his application 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
k*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.
Executive Director
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