DEPARTMENT OF THE NAVY
\
S
JRE
Docket No: 39 12-01
6 February 2002
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
FORME
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(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 he be granted a reenlistment
code more favorable than the RE-4 code he was assigned on 9 August
2000. He contends
that he had a waiver of physical disqualification in order to enlist.
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’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.
C.
Petitioner was granted a waiver of physical disqualificaiton on 8 March 2000, based
upon the recommendation of the Chief, Bureau of Medicine and Surgery
disqualification was a mild hearing loss. He enlisted in the Navy on 14 July 2000, and was
found to have a slightly more severe hearing loss. On 21 July 2000,
BUMED recommended
that he not be granted a waiver of his physical disqualification. Petitioner was discharged on
9 August 2000, by reason of his failure to meet procurement physical standards. He was
assigned a reenlistment code of RE-4, as required by governing directives.
(BUMED). The
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board notes that there is a
stigma attached to an RE-4 reenlistment code. It concluded that as there is no evidence that
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.
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 9
he was assigned a reenlistment code of
August 2000.
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
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.
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