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NAVY | BCNR | CY2005 | 09678-05
Original file (09678-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
          2 NAVY ANNEX
                 WASHINGTON DC 20370-5100       





                                    SJN
                  Docket No: 09678-05
                   12 September 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj R EVIE W NAVAL OF RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attachments
 (2)      Case Summary
(3)      Subjects naval record
1.       Pursuant to the provisions of reference (a) , Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his reenlistment code.
2 The Board consisting reviewed Petitioner’s allegations o error and injustice on 7 September 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 Petitioners 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 24 August 2005 at age 19. On 12 October 2005 he was diagnosed with flat feet that resulted in leg pain, and existed prior to his entry into the service. It was determined that the condition could not be corrected to meet Navy standards.


d.       Subsequently, Petitioner was notified of proposed action for an administrative separation by reason of defective enlistment due to erroneous enlistment. He waived his right to
 submit a statement. Petitioner’s commanding officer directed separation and on 24 October 2005 he received an entry level separation by reason of failure to meet physical standards and was assigned a RE-4 reenlistment code.
e.       With his application, Petitioner states that his medical condition should not impede his ability to perform duties in the armed forces. In this regard, the reenlistment code of RE-4 means that he is not recommended for reenlistment. However, he could have been assigned a code of RE-3E, meaning that he was inducted/enlisted in error.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action because Petitioner apparently had no disciplinary or performance problems during his brief period of service. The Board concludes that no useful purpose is served by assignment of the most restrictive reenlistment code of RE-4, and assignment of the RE-3E code more accurately reflects the quality of his service
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 24 October 2005 Petitioner was issued a RE-3E reenlistment code vice the RE-4 reenlistment code actually issued on that date.
b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 12 December 2005.
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        ALAN E. GOLDSMITH
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 Regulation, 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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