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NAVY | BCNR | CY2005 | 06217-05
Original file (06217-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                 2 NAVY ANNEX
          WASHINGTON DC 2O37O-5~OO

JRE
 Docket No. 06217-05
          3 March 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
        
         End:     (1) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner requested that her naval record be corrected to show that she was assigned a more favorable reentry code than RE-4.
2.       The Board, consisting of Messrs. and reviewed Petitioner’s allegations of error and injustice on 24 February 2006 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.       Petitioner’s application to the Board was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 21 August 2003. She was discharged on 19 September 2003 for failing to meet procurement medical standards because of a medical condition that was not diagnosed until several weeks after she entered active duty. 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 given the circumstances of Petitioner’s enlistment and service, a reentry code of RE-4 is unduly harsh, and as such, unjust. Accordingly, the Board recommends the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show, as an exception to policy, that she received a reentry code of RE-3E when discharged on 21 September 2005.
b. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
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. Z SALMAN                                            JAMES EXNICIOS
Recorder         Acting Recorder

Pursuant to the delegation of authority set out in Section 5e of the Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6[e]), and having ensured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the provisions of reference (a), has been approved by the Board on behalf of the Secretary of the Navy
Executive

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