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NAVY | BCNR | CY2006 | 10397-06
Original file (10397-06.rtf) Auto-classification: Approved

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

JRE
Docket No. 10397-06
12 January 2007

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

Subj:    FORMER OF NAVAL RECORD

Ref:     (a) 10 U.S.C. 1552

End:     (1) DD Form 149
(2)      Subject’s naval record

1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board req u esting, in effect, that the applicable naval record be corrected to show that he received a reentry code that will permit him to reenlist.

2. The Board, consisting of Messrs.      ,reviewed Petitioner’s allegations of error and injustice on 11 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 served on active duty in the Navy from 10 June to 23 July 2004, when he was discharged for failing to meet medical procurement standards because of excessive astigmatism, which was discovered after he enlisted. He was assigned a reentry code of RE-4, as required by governing directives.


CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s enlistment was erroneous, and that it is unjust for
him to continue to bearthe stigma associated with are entry code of RE-4. Accordingly, it finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected to show that on 23 July2004, he was discharged by reason of erroneous entry, 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. EXINCIOS
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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