DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370.5100
JRE
Docket No: 5648-03
28 October 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
Ref:
Encl:
FORME
REVIEW OF NAVAL RECORD
(a) 10 U.S.C. 1552
(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
a reentry code of RE-3, in place of the code of RE-4 he received
show that he w&assigned
on 18 march 1994.
2. The Board, consisting
reviewed
Petitioner’s allegations of error and i
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. Although enclosure (1) was not filed in a timely manner, the Board determined that
it would be in the interest of justice to waive the statute of limitations, and consider the
application on the merits.
c. Petitioner served on active duty in the Navy from 22 February to 18 March 1994,
when he was discharged by reason of his failure to meet medical/physical standards for
enlistment because of knee pain with activity. He was assigned a reentry code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that as
Petitioner did not commit any acts of misconduct during his brief period of service, and as
apparently performed his duties to the best of his ability, apart from the effects of his knee
pain, a reentry code of RE-4 is unduly stigmatizing. Accordingly, it Board finds the
existence of an injustice warranting the following corrective action.
he
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected to show that he was assigned a reentry
code of RE-3E in place of the code of RE-4 he actually received on 18 March 1994.
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
L,’ 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.
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