DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 8282-02
22 January 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: F O
REVIEW
NAVAL
RECORD
Ref: (a)
10
U.S.C. 1552
Encl: (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 his naval record be corrected to
show that he was assigned a reenlistment code other than the RE-4 code he received on 24
May
2001.
2. The Board, consisting of Messrs. Cooper, Frankfurt and Pfeiffer, reviewed
allegations of error and injustice on 9 January 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.
PetiQoner’s
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 served on active duty in the Navy from 26 March to 24 May 2001, when
he was discharged by reason of his failure to meet procurement medical standards because of
kyphosis. He was assigned a reenlistment code of RE-4. He maintains that he is fit for
service, and does not suffer from kyphosis.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that
Petitioner does suffer from kyphosis, and that his discharge was proper; however, it does not
believe he should bear the stigma associated with a reenlistment code of RE-4. 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 24 May 2001.
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.
Recorder
ZSALMAN
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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