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NAVY | BCNR | CY2007 | 04834-07
Original file (04834-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  WASHINGTON DC 20370-5100

JRE
 Docket No. 04834-07
19 May 2008
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
 (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 she was assigned a more favorable reentry code than RE-4. She contends that she did not suffer from asthma, and therefore was erroneously discharged by reason of physical disability.
2.       The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 15 May 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 on active duty in the Navy from 4 November 1997 to 23 April 1998, when she was discharged by reason of physical disability due to asthma, and assigned a reentry code of RE-4. The Department of Veterans Affairs (VA) awarded her a 10% disability rating for asthma effective 25 March 2003. The VA denied her request for an increased rating on 30 March 2004.












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 the existence of probable material error or injustice in connection with the basis for her discharge. In this regard, it notes that she was found unf it for duty because of the effects of asthma, the VA confirmed that diagnosis, and she has received disability compensation for that condition since March 2003. The Board concludes further that it would be in the interest of justice to remove the stigma of an RE-4 reentry code from Petitioner’s record by correcting her record to show that she was assigned a reentry code of RE-3G.

RECONNENDATION:
a.       That Petitioner’s naval record be corrected to show that she was assigned a reentry code of RE-3G on 23 April 1998.
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. Z SALMAN       JAMES 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.

~        W. DEAN PF EI FFER
 Executive Director











































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