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NAVY | BCNR | CY2003 | 00365-03
Original file (00365-03.rtf) Auto-classification: Approved
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No: 365-03
21 February 2003

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:    FORMER
          REVIEW OF NAVAL RECORD
        
Ref:    (a) 10 U.S.C. 1552

 End:     (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 was assigned a more favorable reenlistment code than the code of RE-4 he received on 13 September 2002.

2.       The Board, consisting of Ms. Madison, Dr. Schultz and Mr. Shy, reviewed Petitioner’s allegations of error and injustice on 6 February 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.
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 underwent a pre-enlistment physical examination on 15 September 2001, and was found physically qualified for service. He disclosed that he was taking an tetracycline for treatment of acne, but the acne and treatment therefor were not considered disqualifiying. The examination report was updated on 26 August 2002, upon his enlistment in the Navy, and his physical qualification was confirmed. He was undergoing a course of treatment with Acutane at that time. The available records do not indicate whether or not Petitioner was asked if he. had been prescribed any new medications since he was examined on 15 September 2001. The treatment with Accutane was apparently discontinued on 26 August 2002, and shorlty thereafter, Petitioner experienced a severe flare-up of cystic acne.

He was discharged on 13 September 2002 by reason of erroneous enlistment because of the acne. He was assigned a reenlistment code of RE-4, as permitted by governing directives


CONCLUSION:

Upon review and consideration of all the evidence of record, the Board notes that Petitioner’s enlistment was erroneous because, in accordance with the provisions of DOD Instruction 6130.4, he was medically unacceptable for service for the period of his treatment with Accutane and eight weeks thereafter. It concluded that as there is no indication that Petitioner was aware of the disqualification, or that he concealed his use of Accutane, it is unfair for him to bear the stigma and impediment to reenlistment 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 13 September 2002, vice the RE-4 code he actually received on that date.
b.       That so much 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                          JAMES R. EXNICIOS
Recorder                  Acting 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.


                                             Sincerely,


                                             W. DEAN PFEIFFER
                                             Executive Director

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