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NAVY | BCNR | CY2007 | 00105-07
Original file (00105-07.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 105-07
20 March 2007

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

Subj:    FORMER
REVIEW 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 that he was assigned a reentry code of “RE-3 or lower”, and that he did not fail procurement medical or physical standards.

2.       The Board, consisting of Messrs. -reviewed Petitioner’s allegations of error and injustice on 8 February 2007, and pursuant to its regulations, determined that the partial 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 26 June 2006. Although he was found to have pes planus (flat feet), he was permitted to enlist because the condition was aymptomatic at that time. Shortly after he enlisted, his feet became painful, and he was given a diagnosis of severe pes planus, both feet, symptomatic, existed prior to enlistment. On 18 July 2006, he indicated that he did not want to request a waiver of his disqualifying condition in order to remain on active duty. He was discharged on 27 June 2006, with an entry level separation, by reason of his failure to meet medical/physical procurement standards. He was assigned a reentry code fo RE-4, as required by governing directives.






CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner has failed to submit sufficient relevant evidence to demonstrate that he was discharged erroneously for failing to meet procurement medical/physical standards. It is clear that he suffered from flat feet before he enlisted, which became symptomatic after he began military training. It does not appear that his flat foot condition increased in severity beyond natural progression during his brief period of service. The Board concludes further, however, thet Petitioner’s enlistment was erroneous rather than fraudulent, and that it is unfair for him to continue to bear the stigma associated with a reentry code of RE-4. Accordingly, the Board finds the existence of an injustice warranting the following corrective action.

RECONMENDAT ION:

a.       That Petitioner’s naval record be corrected to show that on 27 July 2006, he was discharged by reason of erroneous entry, and assigned a reentry code of RE-3E.

b.       That so much of his request for correction of his naval record as exceeds the foregoing be denied.

c.       That 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        J AMES R EXN ICIOS
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 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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