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NAVY | BCNR | CY2006 | 02718-06
Original file (02718-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      TRG
                                                      Docket No: 27l8-06
                                                      11 October 2006

         From: Chairman, Board for Correction of Naval Records
         To: Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF
         
         Ref: (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2) Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application wit~ this Board requesting that his reenlistment code be changed.
2.       The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 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.       Petitioner’s application was filed in a timely manner.
c.       Petitioner enlisted in the Navy on he received nonjudicial punishment for
          disobedience. months later, a medical officer noted that his     not improving and recommended discharge.
 On ~ he was notified of separation processing by reason of his physical condition. After review, the separation authority approved separation. On he received a general discharge by reason of “condition not a disability”. At that time, he was not recommended for reenlistment and was assigned an RE-4 reenlistment code.
d.       Petitioner is requesting that his reenlistment code be changed so that he can reenlist. His private physician has evaluated his condition and concluded that his back condition has /
 resolved and he is physically fit for further service.
e.       Regulations allow for the assignment of an RE-3G or an RE-4 reenlistment code when an individual is discharged by reason of “condition not a disability”.






CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Although he has a disciplinary record, it is clear that he was separated only because of his back problem and since the problem may have improved, the Board concludes that no useful purpose is now served by the RE-4 reenlistment code and it should now be changed to the less restrictive RE-3G reenlistment code. The RE-3G code will alert recruiters that there is a problem that must be resolved before enlistment is authorized, but will not preclude enlistment consideration.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for the change in the reenlistment code.
RECOMMENDATION:
a. That Petitioner’s naval record by corrected by issuing a DD Form 215 to show that on he was assigned an RE-30 reenlistment code vice the RE-4 reenlistment code now of record.
b. That 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        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 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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