DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
25 September
7119-02
2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
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, in effect, that his naval record be corrected to
show that he was assigned a reenlistment code more favorable than the code of RE-4 he was
assigned on 26 November 2001.
2. The Board, consisting of Ms. Davies and Messrs. Pfeiffer and Schultz, reviewed
Petitioner’s allegations of error and injustice on 12 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.
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 11 January to 21 February 2001,
when he was discharged by reason of his failure to meet procurement medical/physical
standards, and assigned a reenlistment code of RE-4.
leg pain.
He suffered from flat feet which caused
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that as the
available records do not indicate that Petitioner ’s enlistment was procured through fraud by
his concealing a disqualifying condition, and as he committed no acts of misconduct during
his enlistment, it is unjust for him to bear the stigma associated with an RE-4 reenlistment
code. Accordingly, the Board finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was assigned a
reenlistment code of RE-3E on 26 November 2001, vice the RE-4 code he actually
on that date.
received
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
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.
Acting Recorder
1
Executive Direct
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