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NAVY | BCNR | CY2006 | 00347-06
Original file (00347-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 JRE
Docket No. 347-06
12 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    FORMER 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 she received a more favorable reentry code than RE-4.
2.       The Board, consistingofMessr5.~U~,~~an - reviewed Petitioner’s allegations of error and injustice on 11 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 served on active duty in the Navy from 29 September 2003 to 25 April 2005, when she was discharged because of her allergy to latex, which was discovered after she enlisted, and considered a condition, not a disability, that interfered with her performance of duty. She was assigned a reentry code of RE-4 as permitted by governing directives.


CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner should have been assigned a reentry code of RE-3G rather than RE-4. Accordingly, it finds the existence of an injustice warranting the following corrective action.


RECO M MENDAT ION:
a.       That Petitioner’s naval record be corrected to show that on 25 April 2005, she was assigned a reentry code of RE-3G, vice RE-4.
b.       That so much of his request for corrective action 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. ZSALMAN                                            JAME EXNICIOUS
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.










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