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NAVY | BCNR | CY2006 | 06862-06
Original file (06862-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO
JRE
                                                                                 Docket No. 06862-06
                                                                                10 October 2006




From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         

         Subj: ,~ REVIEW OF NAVAL RECORD
         -       

End:     (1) DD Form 149
 (2)      Subjects 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 he received a more favorable reentry code than RE-4. He contends that recruiting officials were aware of his medical history when he enlisted in the Navy, and that his enlistment was not fraudulent.
2 The Board consisting of Ms and Messrs and reviewed Petitioners
 allegations of error and injustice on 28 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 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 enlisted in the Navy on 27 February 2006. He was processed for discharge by reason of reason of fraudulent entry for failing to disclose his history of disqualifying medical conditions, and erroneous enlistment because of his inability to satisfactory participate in training due to the effects of attention deficit disorder. He was discharged by reason of fraudulent entry on 19 April 2006, and assigned a reentry code of RE-4.

c.       Available records indicate that on 15 March 2005, Petitioner was examined and found qualified to enlist in the Marine Corps despite the fact that he had a history of attention deficit hyperactivity disorder (ADHD), which he had disclosed to the physician who conducted the examination. It appears that another physical examination was not required when he applied for enlistment in the Navy; however, he completed a Medical Prescreen of Medical History Report on 18 February 2006, in which he failed to disclose his history of ADHD. He contends that his failure to do so was the result of oversight on his part.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner should have been discharged by reason of erroneous enlistment and assigned him a reentry code of RE-3E.
Accordingly, it finds the existence of an injustice warranting the following corrective action.

RECONI’4ENDAT ION:

a.       That Petitioner’s naval record be corrected to show that he was discharged by reason of erroneous enlistment on 19 April 2006, and assigned a reentry code of RE-3E.

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 R. EXNICIOS
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.
Executive Dir
3

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