DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WAsHINGTON DC 20370-5100
JRE
Docket No:
6 February 2002
8395-01
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
FORME
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, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that he be granted a waiver of
physical disqualification in order to reenlist in the Armed Forces.
2. The Board, consisting of Ms. Nofziger and Messrs. Chapman and Kim, reviewed
Petitioner’s allegations of error and injustice on 31 January 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 enlisted in the Navy on 18 September 200 1.
He was discharged on 9
October 2001, with an entry level separation, by reason of his failure to meet medical
procurement standards due to keratoconus, an ophthalmological condition. He was assigned
a reenlistment code of RE-4, as required by governing directives. The report of an
ophthalmologist dated 3 November 2001 indicates that Petitioner has early keratoconus,
which has not progressed since it was first diagnosed on 16 October 1998. His visual acuity
20/40 left.
was measured at
20/200+ left, and by pinhole at
20120 right and
20/20 right,
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board was not persuaded
that Petitioner’s discharge for failing to meet procurement medical standards was erroneous
or unjust. In this connection, it notes that he has a disqualifying, albeit waivable,
ophthalmological condition. The Board concluded that it would not be appropriate for it to
grant a waiver of that condition.
The Board noted, however, that there is a stigma attached
to an RE-4 reenlistment code.
committed any acts of misconduct during his enlistment, or performed his duties in an
unsatisfactory manner, it would be in the interest of justice to assign him a reenlistment code
RE-3E, which would permit him to apply for reenlistment, and attempt to obtain a waiver
of
of his physical disqualification.
It concluded that as there is no evidence that Petitioner
In view of the foregoing, the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show, as an exception to policy, that
RE-3E, vice the RE-4 code he was assigned on 9
he was assigned a reenlistment code of
October
200 1.
b. That so much of Petitioner ’s request for correction of his 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
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.
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