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NAVY | BCNR | CY2006 | 09324-06
Original file (09324-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR: j dh
Docket No. 09324-06
20 September 2007


From:    Chairman, Board for Correction of Naval Records
To:      Commander, Navy Personnel Command
Subj:    REVIEW OF NAVAL RECORD OF EX-SN, USN,

Ref:     (a) 10 U.S.C. 1552
End:     (1) Copy of approved Report of Proceedings w/o attachments
 (2)      Copy of letter to Subject
1.       In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in Subject’s naval record.
2.       The designated representative of the Assistant Secretary of the Navy for Manpower and Reserve Affairs has reviewed the proceedings of the Board and approved the recommendation for corrective action as set forth in enclosure (1)
3.       Regulations approved by the Secretary of the Navy require that Subject’s naval record be corrected, where appropriate, in accordance with the approved recommendation of the Board.
4.       The Board has advised Petitioner of the designated representative‘s action.
5.       It is requested that this Board be furnished a copy of any correspondence relating to the approved recommendation.


BRIAN J. GEORGE
By direction











DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
                                                                                          Docket No: 9324-06
                                                                                 20 September 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW NAVAL RECORD OF EX-SA, USN,
                  
         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 Messrs. Grover, Tew, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 19 September 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 29 September 2005 at
 the age of 23.
d.       On 7 October 2005, Petitioner was referred for a medical examination because of extreme anxiety, anxiety attacks, and repeated blood pressure monitoring. The medical report stated, in part, that a language barrier appeared to be increasing his anxiety, and that he was terrified about his inability to keep up
in an all-English environment. Subsequently, he was diagnosed with an anxiety disorder that existed prior to his enlistment and rendered him disqualified for continued service. As a result, he was recommended for an administrative separation.
e.       Subsequently, Petitioner was notified of an administrative separation due to the diagnosed anxiety disorder. The discharge authority directed an uncharacterized entry level separation by reason of erroneous entry and on 20 October 2005, Petitioner was so separated and assigned an RE-4 reenlistment code.
g.       An RE-3E reenlistment code may be assigned to Sailors separated due to erroneous entry. This code does not automatically bar enlistment, but requires that a waiver be obtained from recruiting personnel who 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. A Sailor separated for this reason may also receive an RE-4 reenlistment code, which means that the individual is not recommended for reenlistment.
h.       Petitioner submitted a letter from a psychiatrist which states, in part, that he was evaluated during the period from 7 to 21 June 2006 and found stable for further service. This letter further states that Petitioner does not suffer with anxiety or any other condition that would render him unable to serve, and that he is now comfortable with the English language, and well at ease in an all-English environment.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action.
The Board believes that Petitioner’s separation was due solely to his inability to adapt to an all-English environment which increased his anxiety. The Board also believes that Petitioner did not suffer from an emotional or psychiatric condition that would impair his serving. In this regard, the Board notes that an RE-3E reenlistment code is authorized by regulatory guidance for a Sailor who is separated due to erroneous entry because of anxiety. Accordingly, the Board believes that an RE-3E is the most appropriate reenlistment code for Petitioner’s situation.





2



RECONMENDATION:

a.       That Petitioner’s naval record be corrected to show that he was assigned an RE—3E reenlistment code on 20 October 2005 vice the RE-4 reenlistment code actually assigned on that date.
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 purposes, with no cross references 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        BRIAN J. GEORGE
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 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.


W.       DEAN PFEIFFER
Executive Director















DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR: jdh
Docket No. 09324-06
20 September 2007






Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
The final decision in your case is set forth in the Board’s report of proceedings, a copy of which is enclosed. The approved changes to your naval record will be made by the Commander, Navy Personnel Command (NPC) Code 312, 5720 Integrity Drive, Millington , TN 38055-3120. Please wait at least 180 days from the date of this letter before contacting NPC about the status of your case.
Sincerely,


BRIAN J. GEORGE
Head, Discharge Section
Enclosure
Copy to:
NPC

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