DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 6784-02
26 February 2003
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (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 her naval record be corrected to show that she received a
reenlistment code of RE-i, vice the RE-4 code she actually received on 13
September 2000.
2. The Board, consisting of Ms. Madison, Dr. Schultz and Mr. Shy,
reviewed Petitioner’s allegations of error and injustice on 6 February 2003
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 enlisted in the Navy on 17 June 2000. On 1 September 2000,
she was diagnosed as suffering from spinabifida occulta, with related back
pain, and recommended for discharge. She was discharged with an entry level
separation on 13 September 2000, with an entry level separation, by reason
of her failure to meet medical/physical procurement standards. She was
assigned a reenlistment code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s discharge and reenlistment code are proper.
However, as there is no indication that her enlistment was fraudulent, and
as it does not appear that she committed any acts of misconduct during her
brief period of service, it is unjust for her to bear the stigma associated
with an RE-4 reenlistment code. Accordingly, it recommends that her
reenlistment code be changed to RE-3E, which will alert recruiting
officials to the fact that she requires a waiver in order to become
eligible for reenlistment.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she was
assigned a reenlistment code of RE-3, vice the code of RE-4 she actually
received.
b. That so much of her request for correction of her record 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 JAMES R.EXNICIOS
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.
W. DEAN PFEIFFER
Executive Director
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