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NAVY | BCNR | CY2005 | 09033-05
Original file (09033-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100


JRE
Docket No. 9033-05
19 January 2007

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
(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 assigned a reentry code of RE-1 vice RE-4.

2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 19 January 2007, 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 enlisted in the Navy on 25 June 1998. On or about 21 August 1998, he was given a diagnosis of chronic sinusitis. As he did not want to request waiver of physical standards in order to remain on active duty, he was discharged on 3 September 1998 for “Failed Medical/Physical Procurement Standards”. He 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 Petitioner should have been discharged by reason of erroneous entry, and assigned a reentry code of RE-3E. Accordingly, it finds the existence of an injustice warranting the following corrective action


RECOMMENDATION:

a.       That Petitioner’s naval record be corrected to show that 3 September 1998, he was discharged by reason of erroneous entry, and assigned a reentry code of RE-3E.

b.       That so much of his request for correction of his record as exceeds the foregoing be denied.

c.       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. ZSA LMAN        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.



DEAN PFEIFFER
Executive Director






2

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