S
Docket No: 1101-03
4 September 2003
DEPARTMENT
Oi THE NAVY
BOARD FOR CORRECTION OF NAVALRECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
FORME
REVIEW OF 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 her naval record be corrected to
show that she was received a more favorable reentry code than the RE-4 code she was
assigned on 24 January
2000.
2. The Board, consisting of Mses. Davies and Moidel and Mr. Zsalman, reviewed
Petitioner’s allegations of error and injustice on 14 August
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 enlisted in the Navy on 7 December 1999. She received emergency
D,ecember 1999 because of difficulty breathing. She reported that she had
medical care on 28
had similar difficulties and had used inhalers prior to enlisting, but had not been diagnosed
with asthma or treated by a physician for a pulmonary condition. Based on her symptoms,
and the results of a
methacholine,challenge test, she was given a diagnosis of asthma, and
recommended for an entry level separation on that basis. She was discharged from the Navy
on 24 january 2000 because of her failure to meet minimum physical standards for enlistment
due to asthma. She was assigned a reentry code of RE-4, as required by governing
directives.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that as
Petitioner apparently performed her duties to the best of her ability, as limited by her medical
condition, it is unfair for her to have to bear the stigma often associated with a reentry code
of RE-4. Accordingly, it 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
she was assigned a reentry code of RE-3E on 20 January 2000, in place of the RE-4 code she
actually received on that date.
b. That a copy of the Board ’s proceedings be file 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
hcting R&order
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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