DEPARTMENT OF THE NAVY
BOA RD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 6737-01
10 May 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
FORMER
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(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,
show that he was assigned a reenlistment code more favorable than the RE-4 code he
received on 15 March 2001.
in effect, that his naval record be corrected to
b. The Board, consisting of Messrs. Harrison, Shy and Zsalman, reviewed Petitioner
3
allegations of error and injustice on 25 April 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.
’s
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 served on active duty in the Navy from 17 February to 15 March 2001,
when he was discharged for failing to meet procurement medical standards because of
disqualifying cornea1 atrophy. He was assigned an RE-4 reenlistment code, as permitted by
governing directives. Petitioner contends that he does not have the disqualifying condition.
He submits a barely legible medical record entry which appears to indicate that while he does
not have cornea1 atrophy, he has a unnamed, congenital eye defect. The Board was unable
to determine whether or not that condition is disqualifying for military service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded
that Petitioner’s discharge was erroneous, or that he was improperly assigned an RE-4
reenlistment code. It further concludes, however, that Petitioner did not commit any acts of
misconduct during his period of naval service, and that it is unjust for him to bear the stigma
associated with his present reenlistment code. Accordingly, the Board
an injustice warranting the following
corrective action.
finds the existence of
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
RE-3E, vice the RE-4 code he was actually
reenlistment code of
he was assigned a
assigned on 15 March 2001.
b. That so much of Petitioner ’s request 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
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.
% W. DEAN PFEIFFER
Executive Director
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