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NAVY | BCNR | CY2005 | 04614-05
Original file (04614-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 JRE
 Docket No. 04614-05
29 August 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
En cl :    (1) DD Form 149
 (2)      Subjects 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 with an honorable discharge and full benefits, and a more favorable reentry code than RE-4.
2 The Board consisting of Messrs ~ reviewed Petitioners allegations of error and injustice on 13 July 2006, 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 served on active duty in the Navy from 15 June 1998 to 17 July 1998, when he was discharged for failing to meet medical/physical procurement standards due to a condition of his left knee which he had disclosed prior to enlisting. He was assigned a reentry code of RE—4, as required by governing directives. His DID Form 214 indicates that his character of service was WUNCHARACTERIZED
 /
 (VOID)”, and that he was not given credit for the aforementioned period of active duty service. That action apparently resulted from the mistaken belief of Navy officials that he had concealed his knee condition when he applied for enlistment, and thereby procured his enlistment fraudulently.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board determined that Petitioner has submitted insufficient relevant evidence to demonstrate that he was unfit for service by reason of physical disability that was incurred in or aggravated by his brief period of active duty service in the Navy. As such, there is no basis for granting his request for correction of his record to show that he was separated or retired by reason of physical disability. As he was in an entry level status at the time of his discharge, there is no basis for granting his request for a characterized separation. With regard to his reentry code, the Board notes that a code of RE-4 is required when a Sailor is discharged for failing to meet medical/physical standards for enlistment; however, as Petitioner disclosed his disqualifying condition prior to enlisting, and was found qualified to enlist, it would be in the interest of justice to change the basis of his discharge to erroneous entry, and his reentry code to RE-3E. In addition, the Board concludes that there was no valid basis for declaring his service void, and denying him credit for service.
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 that he was discharged from the Navy on 17 July 1998, with an entry level separation, by reason of erroneous enlistment, and that he was assigned a reentry code of RE-3E, and that he be issued a new DD Form 214 that does not contain any reference to a void enlistment
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’ s record and that no such entries or material be added to the record in the future.
c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file



2
maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.
d.       That so much of his request for correction of his record as exceeds the foregoing be denied.
4.       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.




W. DEAN PFEIFFER
 Executive Director

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