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NAVY | BCNR | CY2006 | 08300-06
Original file (08300-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                   2 NAVY ANNEX
                                                       WASHINGTON DC 2037O -5100

                                                                                          TRG
 Docket No: 8300-06
18 January 2007

 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 with this Board requesting that his reenlistment code be changed.
2.       The Board, consisting of Mr. Dunn, Ms. Humberd and Ms. Ballinger, reviewed Petitioner’s allegations of error and injustice on 3 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’s application was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 4 January 2006 at age 18.     On 19 January 2006, he stated that during physical training, he felt a “pop” in his knee followed by extreme pain. At that time, he provided a preservice history of knee surgery and extensive rehabilitation. The Navy doctor recommended separation from the Navy.
d.       Based on the doctor’s recommendation, Petitioner was processed for an administrative separation by reason of “condition, not a disability”. In connection with this processing, he elected to waive his procedural rights. After review, the separation authority directed an entry level separation and he was so separated on 26 January 2006. At that time, he was not recommended for reenlistment and was assigned an RE-4 reenlistment code.
 e.       In his application, Petitioner states that when he returned home, he discovered that the only problem with his knee was a pulled muscle and within a week he could exercise without pain. He desires a change in the reenlistment code so that he can serve in the military.
f.       Regulations allow for the assignment of an RE-4 or an RE-3G reenlistment code when an individual is separated 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. Given Petitioner’s contention that the knee problem was not related to his prior knee surgery and his desire to serve in the military, the Board concludes that the reenlistment code should now be changed to the less restrictive RE-3G code. This code will allow consideration for reenlistment but will alert recruiters that there is a problem which must be resolved before enlistment is authorized.

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 reason for the change in the reenlistment code.

RECONMENDATION:

a. That Petitioner’s naval record be corrected by issuing a DD Form 214 to show that on 26 January 2006 he was assigned an RE-3G 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        ALAN 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.


ROBERT D. ZSALMAN
Acting Executive Director











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