DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3332-01
8 February 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149
(2) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that he be granted a reenlistment
code more favorable than the RE-4 code he was assigned on 7 April 1993. He contends that
his enlistment was not erroneous, because he disclosed his pre-service knee injury when he
applied for enlistment.
2. The Board, consisting of Ms. Nofziger and Messrs. Chapman and Kim, reviewed
Petitioner’s allegations of error and injustice on 31 January 2002 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
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 underwent a pre-enlistment physical examination on 16 March 1993. He
disclosed a history of a knee injury, for which he underwent surgery during January 1993,
but was found qualified for enlistment. He enlisted in the Navy on 23 March 1993. He was
discharged on 7 April 1993, by reason of erroneous enlistment, because the pre-existing
knee condition had become symptomatic, and precluded him from completing his training.
He was assigned a reenlistment code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded
that Petitioner ’s discharge by reason of erroneous enlistment was improper. In this regard, it
noted that he was found qualified for enlistment less that two months after undergoing knee
surgery. His enlistment was erroneous because it was not known at that time that his knee
would be unable to withstand the rigors of recruit training.
for changing the reason for his discharge.
attached to an RE-4 reenlistment code.
Petitioner committed any acts of misconduct during his enlistment, or performed his duties in
an unsatisfactory manner, it would be in the interest of justice to assign him a reenlistment
RE-3E, which would permit him to apply for reenlistment, and attempt to obtain a
code of
waiver of his physical disqualification.
Accordingly, there is no basis
The Board noted, however, that there is a stigma
It concluded that as there is no evidence that
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, as an exception to policy, that
RE-3E, vice the RE-4 code he was assigned on 7
he was assigned a reenlistment code of
April 1993.
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
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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