DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
JRE
Docket No: 6804-02
14 November 2002
: Chairman, Board for Correction of Naval Records
From
To:
Secretary of the Navy
Subj
:
FORMER
REVIEW OF NAVAL RECORD
Ref: (a)
10 U.S.C. 1552
Encl:
(1)
(2)
DD Form 149
Subject’s naval record
1.
Pursuant to the provisions of reference (a), Subject,
filed enclosure (1) with this Board requesting, in effect,
show that she was assigned a reenlistment code of RE-1
hereinafter referred to as Petitioner,
that her naval record be corrected to
vice RE-4.
2. The Board, consisting of Ms.
Petitioner’s allegations of error and injustice on 19 September 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.
Moidel and Messrs. Bishop and Geisler reviewed
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 9 February to 29 March 1999,
when she was discharged by reason of erroneous entry because of a disqualifying mental
disorder which existed prior to he enlistment.
as permitted by governing directives.
She was assigned a reenlistment code of
RE-4,
d. Petitioner contends, in effect, that prior to enlisting, she disclosed the condition
which resulted in her discharge, but failed to obtain a waiver because she was not told that
one was required.
she had not obtained a waiver, and that she decided to accept discharge and then pursue a
waiver. Unfortunately, the reenlistment code she was assigned is generally not waivable.
She did not contest her discharge because she felt it would be fruitless, as
In support of her application, she submitted a statement from a Navy recruiter, which is
the effect that he believes Petitioner is “very dedicated, mature and hard charging ”, and
would be a positive asset to the Navy ”. He recommended that her request be granted.
to
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that it
would be in the interest of justice to correct Petitioner ’s record to show that she was assigned
a reenlistment code of
disqualification from reenlistment.
RE-3E, which would permit her to apply for a waiver of her physical
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she was assigned a
RE-3E, vice the code of RE-4 she was actually assigned on 29 March
reenlistment code of
1999.
.
b. That so much of Petitioner ’s request for correction of her naval 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
Recorder
/EL+
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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