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NAVY | BCNR | CY2006 | 04300-06
Original file (04300-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100         -

 TJR
Docket No: 4300-06
16 January 2007

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

Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attachments
 (2)      Case summary
(3)      Subject’s 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 that his reenlistment code be changed.
2.       The Board, consisting of Mses a nd reviewed Petitioner’s or and injustice on 9 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 8 September 1993 and served without disciplinary incident.
d.       On 12 and 15 September 1993 Petitioner was referred for medical evaluations after complaining of chronic ankle pain and recurrent ankle problems. At that time, he reported a history of reconstructive surgery in August 1992. He was subsequently diagnosed with left ankle laxity which existed prior to his enlistment (EPTE) and was recommended for an administrative separation.






e.       On 15 September 1993 Petitioner was notified of pending administrative separation action by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the diagnosed left ankle laxity. On 16 September 1993 the discharge authority directed an uncharacterized entry level separation, and on 21 September 1993 he was so discharged and assigned an RE-4 reenlistment code. There is no indication in the record that Petitioner had any other problems in recruit training during his brief period of service.
f.       Petitioner asserts that he no longer has the ankle problems for which is was administrative separated and assigned an RE-4 reenlistment code. An RE-3E reenlistment code may be assigned to individuals such as Petitioner who were separated by reason of erroneous enlistment. This code may not bar enlistment, but requires that a waiver be obtained. Recruiting personnel are responsible for determining whether an individual meets the standards for reenlistment, and whether or not a request for a waiver of a reenlistment code is feasible. An individual separated for this reason may also receive an RE-4 reenlistment code, which means that the individual is not recommended for reenlistment.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action.

Petitioner served without disciplinary infractions, and that he was only separated by reason of erroneous enlistment because of a preexistent ankle problem. An RE-3E reenlistment code is authorized by regulatory guidance for individuals who are separated by reason of erroneous enlistment. Given Petitioner’s overall record, the Board concludes that an RE-3E reenlistment code is more appropriate than the RE-4 reenlistment code now of record.

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected by changing the RE-4 reenlistment code, assigned on 21 September 1993, to RE -3 E.
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c.       That any material directed to be removed from Petitioner’.s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of 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                 A LAN E. GOLDSMITH
Recorder         ‘(I      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.

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