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NAVY | BCNR | CY2007 | 04752-07
Original file (04752-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             

                                             SJN
                                                                                           Docket No: 04752-07
                                                                                          26 February 2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy TAL RECORD OF
                  
                  Subj:
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 her RE-4 reenlistment code and reason for discharge (“Failed Medical/Physical Procurement Standards”)

         -
2.       The Board, consisting of Mr. and Ms. Humphrey, reviewed Petitioners allegations of error and injustice on 13 February 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.       Enclosure (1) was filed in a timely manner


c.       Petitioner enlisted in the Navy on 18 January 2006 at age 19. On 13 February 2006, during recruit training, she received an administrative counseling/warning (NAVPERS 1070/613) due to numerous negative entries on her Recruit Personnel Data Record (Hard Card) that included excessive limited duty and substandard performance.



         d.       On 27 February 2006, Petitioner was diagnosed with chronic left knee pain that existed prior to her entering the service. At that time, it was noted that her condition was not correctable to meet Navy standards.
e.       On 6 March 2006, Petitioner’s commanding officer directed that she be discharged from the naval service with an entry level separation by reason of “Failed Medical/Physical Procurement Standards” as evidence by the diagnosed knee condition. Petitioner waived her right to make a statement regarding the separation. She was discharged with an entry level separation, assigned an RE-4 reenlistment code, and a JFW separation code on 9 March 2006.
f.       In her application, Petitioner stated that she was discharged from the Navy because she did not pass the physical fitness test in basic training due to her left knee pain. Further, she submitted a radiology diagnostic report dated 13 April 2007 and correspondence from the University of Colorado Hospital dated 10 May 2007, stating that she now reports that she is pain free and has returned to running and recreational exercise.
g.       The reenlistment code of RE-4 means that she is not recommended for reenlistment or retention. However, she could have been assigned an RE-3E code, meaning that she was enlisted in error, due to a preservice condition.
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 her service. Further, due to the fact that Petitioner’s diagnosed condition existed prior to entering the service, the Board concludes that an erroneous enlistment occurred and should be the narrative reason for her separation.


RECOMMENDATION:  - -




a.       That Petitioner’s naval record be corrected to show that on 9 March 2006, she was discharged due to an “Erroneous Enlistment” vice “Failed Medical/Physical Procurement Standards”, and that her separation code be changed to JFC vice JFW, and that she be assigned an RE—3E reenlistment code, vice the RE-4 issued on that date.

b.       That a copy of this report of proceedings be filed in Petitioner’s naval record.
c.       That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 4 June
 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 PFEIFFER
                                                                         Executive Director

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