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NAVY | BCNR | CY2007 | 07128-07
Original file (07128-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 7128-07
3 April 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) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting to change his RE-4 reenlistment code.
2.       The Board, consisting of Mr. an d reviewed Petitioner’s allegations of error and injustice on 2 April 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’s application was filed in a timely manner.
c.       On 21 February 2006, Petitioner completed an entrance physical examination, which did not document his childhood diagnosis of having attention deficit hyperactivity disorder (ADHD). On 3 January 2007, he enlisted in the Navy at age 18 and disclosed additional medical history when questioned after reporting to recruit training. On 5 January 2007, a mental health evaluation confirmed his diagnosis of having ADHD and
 that he was discharged with an entry level separation by reason of erroneous enlistment and assigned an RE-3E reenlistment code.
RECONNENDATION;
a.       That Petitioner’s naval record be corrected to show that he was separated with an entry level separation by reason of erroneous enlistment on 26 January 2007, vice the entry level separation by reason of fraudulent enlistment that was actually issued on that date.
b.       That Petitioner’s naval record be further corrected to show that he was assigned an RE-3E reenlistment code on 26 January 2007, vice the RE-4.
c.       That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the changes in his 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        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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