DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE |
Docket No. 04543-07
5 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER en
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
record be corrected to show that he received a more favorable
reentry code that RE-4.
2. The Board, consisting of Ms. —9gMMeand Messrs. (i> and
hh. reviewed Petitioner's allegations of error and injustice
‘ on 1 May 2008, 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 form 22
February to 11 April 2001, when he was discharged by reason of
erroneous entry due to residuals of a pre-service arm injury
which limited his ability to participate in recruit training. He
was assigned a reentry code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner failed to demonstrate that he
was discharged in error, and improperly assigned a reentry code
of RE-4; however, it believes that it would be in the interest
of justice to remove the stigma of the RE-4 from his naval
records. 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 11 April 2001, he was assigned a reentry code of RE-3E in
place of the RE-4 he was actually assigned on that date.
b. That a copy of this Report of Proceedings made a part of
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 . E CIOS
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.
TR BP, Awl a
Fou W. DEAN FEIFFER
Executive Director
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