DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 292-01
5 February 2001
From: Chairman,
To:
Secretary of the Navy
Board for Correction of Naval Records
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 questing, in effect, that his naval record be corrected to
show that he was assigned a reenlistment (RF) code of RE-1, vice the code of RE-4 he
received on 19 July 2000
2. The Board, consisting of Messrs. Pfeiffer, Kastner and Lippolis, reviewed Petitioner’s
allegations of error and injustice on 1 February 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
I>
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 22 June 2000. He was discharged on 19 July
2000, for failing to meet medical/physical procurement standards because of a hearing loss.
d. Petitioner contends that he passed the hearing test during his preenlistment physical
examination, and that his hearing was tested and found to be normal shortly after his
discharge. His personal physician is of the opinion that he suffered from an idiopathic
neurosensory hearing loss during his enlistment in the Navy, which subsequently cleared.
e. SECNAVJNST 1900.8 provides, in effect, that Sailors discharged for failing to meet
procurement medical/physical standards will be assigned an RE-4. Those discharged for
erroneous enlistment-other will be assigned either an RE-4 or an
the commanding officer.
RE-3E, in the discretion of
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board is not persuaded that
Petitioners discharge was erroneous. As indicated by his naval record, and supported by the
findings of his personal physician, he suffered from a disqualifying hearing loss during his
enlistment. As the hearing loss has since resolved, and as he did not have any performance
problems or disciplinary infractions during his brief period of service, the Board
-concludes
that his record does not warrant the assignment of the stigmatizing reenlistment code of
RE-
4.
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 19 July 2000, he
discharged by reason of erroneous enlistment-other, and assigned a reenlistment code
3E.
was
of
RE-
b. That so much of his request for correction of his naval record which 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
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
Direc
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