DEPARTMENTOFTHE
NAV Y
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
18 October 2002
4200-02
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlistment member in the Navy filed an application with
this Board requesting that his record be corrected by changing
the RE-4 reenlistment code assigned on 14 December 2000.
The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms. Hare,
2.
reviewed Petitioner's allegations of error and injustice on 16
October 2002 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Navy on 27 June 2000 for four
His preenlistment physical examination
However, after an evaluation, he was found qualified for
On 25 October 2000 he was diagnosed with ulnar nerve
years at age 22.
indicates that he admitted to past problems and surgery on his
elbow.
enlistment.
deterioration that was correctable to meet Navy standards.
Another evaluation, dated 7 November 2000, states that he was
having chronic elbow pain and
Will
is progressive.
doctor concluded that
Navy standards.
The
not improve with physical therapy".
the condition was not correctable to meet
"this is a chronic condition which
Based on the doctor's recommendation he was processed
for an administrative
separation ‘due to other designated
d.
On 17 November 2000, the separation
physical conditions".
authority directed separation stating, in part, as follows:
.
.
. (He) disclosed surgery in May 1999 for his nerve neuropathy.
.
Although the surgery was successful at that time, (his) symptoms
returned while on active duty and he refused to accept medical
treatment for his condition . . . .
Petitioner was separated from active duty on 14 December 2000. At
that time he was not recommended for reenlistment and was assigned an
RE-4 reenlistment code.
e.
Petitioner has submitted evidence showing that since
The surgeon states that
discharge, he has had surgery on his elbow.
the nerve symptoms have
he has now regained full motion of his arm,
completely resolved, and he has resumed weight lifting activities. He
believes that Petitioner is physically qualified for military service.
Petitioner desires a change in the reenlistment code so that he can be
considered for officer programs.
f.
Regulations allow for the assignment of an RE-3G or an
RE-4 reenlistment code when an individual is separated due to a
condition not a disability interfering with the performance of
An RE-3G reenlistment means that he is recommended for
duty.
reenlistment but for the disqualifying medical condition.
code may be waived if he can demonstrate that the condition no
longer exists.
This
CONCLUSION:
The Board notes that Petitioner was apparently a good
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Sailor and would not have been separated except for his elbow
problem.
useful purpose is now served by the RE-4 reenlistment code and it
This
should now be changed to the less restrictive RE-3G code.
code will alert recruiters that there is a problem that must be
resolved before enlistment or commissioning can be authorized.
the Board concludes that no
Given the circumstances,
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the
reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 215 to show that on 14 December 2000 he was assigned an
3G reenlistment code vice the RE-4 reenlistment code now of
RE-
2
record.
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive
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