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NAVY | BCNR | CY2006 | 00839-06
Original file (00839-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
          WASHINGTON DC 20370-5100


JRE
 Docket No. 00839-06
3 March 2006


From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF FORMER -

Ref:     (a) 10 U.S.C. 1552
End:     (1) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner requested that his naval record be corrected to show that he was assigned a reentry code of RE-3 vice RE-4.
2.       The Board, consisting of Messrs. j . ~ 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 served on active duty from 24 August to 21 September 2005, when he was discharged for failing to meet procurement medical standards because of a condition that had been noted on his pre-enlistment physical examination, and should have precluded his enlistment. 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 given the circumstances of Petitioner’s
enlistment, a reentry code of RE-4 is 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 he 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. ZSALMAN                                             JAMES E. 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.





                                                                                 W. DEAN PFEIFFER
          Executive Director

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