DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 CCaRS
Docket No: 5963-07
8 May 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER sili cties Stee. REVIEW
OF NAVAL RECORD
‘Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that her naval record be
corrected by changing the RE-4 reentry code assigned on 12 August
2005.
2. The Board, consisting of Messrs. QR, We, anc Sie
reviewed Petitioner's allegations of error and injustice on 7 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 enlisted in the Navy on 21 June 2005. A
medical evaluation on 8 July 2005 found that she had asthnia.
c. On 1 August 2005 Petitioner’s commanding officer
recommended separation. On 12 August 2005 she received an entry
level separation by reason of her failure to meet
medical/physical procurement standards. She was assigned an RE-4
reentry code.
d. Applicable directives state that only an RE-4 reentry
code can be assigned for failure to meet medical/physical
procurement standards. An individual may be separated due to
erroneous enlistment if the enlistment would not have occurred if
the relevant facts had been known. Applicable directives
authorize the assignment of either an RE-3E or RE-4 reentry code
to an individual separated for erroneous enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that the reason for discharge should
be changed to erroneous enlistment since Petitioner was unaware
of her condition. Accordingly, the Board recommends that
Petitioner’s reason for separation be changed to erroneous
enlistment vice the reason for separation now of record.
The Board also concludes that an RE-3E reentry code should be
assigned since there is no evidence that Petitioner had any
performance or disciplinary infractions during her brief period
of service and her record does not otherwise support the more
stigmatizing code of RE-4.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 12 August 2005 she received an entry level separation by
reason of erroneous enlistment and an RE-3E reentry code, vice
the reason for separation and reentry code actually assigned
on that date.
b. 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.. ZSALMAN ES :
Recorder cting Récorder
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 PFET}
Executive Dik
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