DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00813-07
6 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER ieee ane
REVIEW OF NAVAL RECORD
Ref; (a) 10 U.S.C. 1552
Encl: (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
physical disability. He contends that he should have been
discharged because of the residuals of a fractured wrist, which
his health and safety, and was unfairly assigned a reentry code
of RE-4, ,
2. The Board, consisting of Messrs. W . Res, ee and
NN reviewed Petitioner's allegations of error and injustice
on 10 April 2008 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:
b. Petitioner sustained a left wrist fracture prior to
enlisting in the Navy. He enlisted on 21 July 2000, and shortly
thereafter he fell and re-fractured his wrist, which required
extensive treatment and several periods of limited duty. He
underwent a pre-separation physical examination on 5 January
2006 and was found physically qualified for separation. He was
released from active duty and transferred to the Navy Reserve on
20 July 2006, by reason of nonretention on active duty, as he
was serving in grade E-3 and had completed six years of active
service. He was assigned a reentry code of RE-4 because his
commanding officer had withdrawn the recommendation for his
advancement and retention on 20 July 2006. Despite the action
of Petitioner’s commanding officer, Petitioner was required to
enlist in the Navy Reserve as a prerequisite to receiving
separation pay.
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 unfit for duty by
reason of physical disability at the time of his separation by
reason of nonretention on active duty. As noted above, he was
examined and found physically qualified for separation.
properly assigned a reentry code of RE-4, it would be in the
interest of justice, as an exception to policy, to assign him a
code of RE-6, which is less stigmatizing than a code of RE-4.
It is assigned to Sailors such as Petitioner who are ineligible
for or denied reenlistment due to high year tenure.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show, as
an exception to policy, that he was assigned a reentry code of
RE-6 on 20 July 2006, vice the code of RE-~4 he actually received
on that date.
b. That no further relief be granted
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. ZSALMAN AMES 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.
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