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NAVY | BCNR | CY2006 | 10408-06
Original file (10408-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO


 JRE
 Docket No. 10408-06
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 requesting, in effect, that the applicable naval record be corrected to show that he received a reentry code that will permit him to reenlist. He contends he was discharged because of foot problems he does not have. He submits evidence which indicates that his feet are not painful, and that he has osteophytic spurs in the heels of his feet.
2.       Th e Board, consisting of Messrs. 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 16 October 2001 to 26 April 2002, when he was discharged because of bilateral heel spur syndrome, which interfered with his performance of duty. He was assigned a reentry code of RE-4, as permitted by governing directives.

CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner has failed to submit sufficient evidence to demonstrate that he was discharged in error. In this regard, it notes that he was discharged because of painful feet, and that the evidence he submitted in support of his application is inconsistent with the diagnosis that resulted in his discharge.
The Board concludes further that it is unjust for Petitioner to continue to bear the stigma associated with a reentry code of RE-4. Accordingly, it finds the existence of an injustice warranting the following corrective action.
RECOMI~4ENDATION:
a.       That Petitioner’s naval record be corrected to show that on 26 April 2002, he was assigned a reentry code of RE-3G, vice RE-4.
b.       That so much of his request for corrective action as exceeds the foregoing be denied.
c.       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. ZSALM.AN                                            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.


W.       DEAN PFEIFFER
 Executive Director

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