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NAVY | BCNR | CY2007 | 02489-07
Original file (02489-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100


                                                       SJN
                                                                                          Docket No: 02489-07
                                                                                          1 November 2007

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD


Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 with attachments
 (2)      Case Summary
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his reenlistment code.
2.       The Board, consisting of Mr., Mr. and Mr . , reviewed Petitioner’s allegations of error and injustice on 24 October 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.       Enclosure (1) was filed in a timely manner.
c.       Petitioner enlisted in the Navy on 28 June 2006 at age
 18.      On 19 July 2006 he was referred to the medical department after having experienced symptoms consistent with undiagnosed asthma. Since being in recruit training, he had attacks consisting of shortness of breath, wheezing, and coughing. On 21 July 2006, Petitioner was diagnosed as having mild asthma that existed prior to entry into the service.

d.       On 26 July 2006, Petitioner’s commanding officer (CO) directed that he be discharged from the Naval service with an entry level separation by reason of fraudulent enlistment as evidenced by the diagnosed asthma. Petitioner waived his right to make a statement regarding the separation. He was discharged with an entry level separation and assigned an RE-4 reenlistment code on 2 August 2006.
e.       With his application, Petitioner states that when asked in recruit training if he ever had asthma prior to entering the service, he initially circled “NO”, but when he was diagnosed with asthma, he changed his answer to “YES”. He stated that he was nervous and confused and changed his answer in haste. Additionally, he submitted a letter from his family doctor, who he has been under his care from birth through the end of calendar year 2005. In the doctor’s letter he stated, in part, that after reviewing his records, Petitioner had no office visits for asthma symptoms, he had never used an inhaler, and was unable to find any office appointments for shortness of breath. He also reviewed records from emergency rooms, and found no symptoms that required an inhaler for asthma.
f.       The reenlistment code of RE-4 means that he was not recommended for reenlistment or retention. However, he could have been assigned a code of RE-3E, meaning that he was enlisted in error.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.
In this regard, the Board finds no useful purpose was served by assignment of the most restrictive reenlistment code of RE-4, and assignment of the RE-3E code more accurately reflects the quality of his service. Further, although Petitioner did not request a review of the narrative reason for his separation, the Board concluded that an erroneous enlistment occurred instead of a fraudulent entry.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that on 2 August 2006, he was discharged due to an erroneous enlistment vice fraudulent entry, by changing his separation code to JFC vice JDA, and by assigning an RE-3E reenlistment code, vice the RE-4 reenlistment code issued on that date.
b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.

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c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on
 4 April 2007.
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        BRIAN J. GEORGE
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 Regulation, 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 PFEOFFER
 Executive Dir ector

























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