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NAVY | BCNR | CY2004 | 05147-04
Original file (05147-04.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                               JRE
Docket No. 05147-04
27 July 2004



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 w/attach m ents
 (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 the applicable naval record be corrected to show that he was discharged by reason of physical disability, and that he was assigned a reentry code of RE-3.
2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 22 July 2004, and pursuant to its regulations, determined that the partial 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.       Petitioner underwent a pre-enlistment physical examination on 12 January 2000. He disclosed a history of an injury to his right elbow. Although the examining physician noted that Petitioner had limitation of motion in the elbow, he was found qualified for enlistment. He enlisted on 25 July 2000, and served until 30 August 2000, when he was discharged by reason of erroneous entry, due to his inability to perform his duties because of residuals of the elbow injury. He was assigned a reentry code of RE-4.





CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the fact that Petitioner disclosed his elbow injury prior to enlisting, and was cleared for enlistment, it would be in the interest of justice to remove the stigma associated with an RE-4 reentry code. As he has not demonstrated that his elbow condition was aggravated by his brief period of service, and rendered him unfit by reason of physical disability, there is no basis for correcting his record to show that he was discharged by reason of physical disability.

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action.

RECOMIMIENDATION:

 a.       That Petitioner’s naval record be corrected to show that he was assigned a reentry code of RE-3E on 30 August 2000.
b.       That so much of his application for correction of his naval record as exceeds the foregoing be denied.
C.       That a copy of the Board’s Report of Proceedings be filed in Petitioner’s naval record.
4. Pursuant to the revised Procedures of the Board for Correction of Naval Records, 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

 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 Acting Recorder 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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