NAVY
WASHINGTON DC
2
ANNEX
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
20370-5100
JRE
Docket No: 8684-01
8 February 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj
:
REVIEW OF NAVAL RECORD
Ref:
(a) 10 U.S.C. 1552
Encl:
(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 he be granted a reenlistment
code more favorable than the RE-4 code he was assigned on 16 November 1995. He
contends, in effect, that he was discharged because of a minor medical condition, which did
not exist prior to his enlistment, and which he never had again.
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 24 October 1995. He was discharged on 16
November 1995 by reason of his failure to meet medical procurement standards due to
asthma. He was assigned a reenlistment code of RE-4, as required by governing directives.
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 was diagnosed as suffering from asthma, and
he has not demonstrated that the diagnosis is erroneous. The Board noted, however, that
there is a stigma attached to an RE-4 reenlistment code.
evidence that Petitioner 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 of
and attempt to obtain a waiver of his physical disqualification.
RE-3E, which would permit him to apply for reenlistment,
It concluded that as there is no
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,
RE-3E, vice the RE-4 code he was assigned on
he was assigned a reenlistment code of
November 1995.
that
16
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
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.
Executive
Direct0
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