DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01026-07
28 January 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): aes i‘ “
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Bcd (i; DD Form 149
(2) Subject's naval record
il. 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 more
favorable than RE-4. He contends, in effect, that he has not
suffered from hypersomnia since he began allergy treatments
after he was discharged from the Navy. He believes that he
should have been “better treated and diagnosed” while in the
Navy, rather than discharged. He submitted a statement from his
private physician who indicates that Petitioner has done “well
from both the hypersomnia and restless leg syndrome” and would
not “be a danger to fall asleep in the line of duty”.
2. The Board, consisting of Ms. QM and Messrs. (RRs
and ee reviewed Petitioner's allegations of error and
injustice on 17 January 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:
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 in the Navy from 22 March 2001 to 8
April 2002, when he was discharged for the convenience of the
government because of hypersomnia. 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 did not receive proper medical
evaluation and treatment in the Navy, or that his discharge was
based on a misdiagnosed condition. The Board concludes further,
however, that it would have been more appropriate to assign him
a reentry code of RE-3G, which would permit him to reenlist if
he can demonstrate to waiver approval authorities that he is
physically qualified for further service. Accordingly, the
Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 8 April 2002, he was assigned a reentry code of RE-3G.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
C. That no further relief be granted.
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 Anna % 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.
NO pt FO, fre Q.
Feore,wW. DEAN P ITFFER
Executive Director
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