DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10013-07
26 June 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: FORMERS we gene
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 her naval record be corrected by
Changing the reentry code she was assigned on 11 September 2006.
2. _The Board, consisting of Ms . “Re. Mr. GM and Mr.
worm, reviewed Petitioner's allegations of error and injustice
on 25 June 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. On 18 April 2006 Petitioner enlisted in the Navy. On 29
August 2006 she was diagnosed with shin splits, a condition that
existed prior to enlistment. On 11 September 2006, she was
separated with an entry level separation by reason of fraudulent
enlistment and was assigned a reentry code of RE-4.
c. An individual may be separated by reason of fraudulent
enlistment if there is false representation or deliberate
concealment of a disqualifying factor. An RE-4 reentry code is
required under such circumstances. An individual may be
Separated due to erroneous enlistment if the enlistment would not
have occurred if the relevant facts had been known, but there was
no fraudulent conduct on the individual’s part. 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. In this regard, the Board believes Petitioner when she
states that she knew nothing about the shin splits until she
arrived at recruit training. Therefore, the Board concludes that
erroneous enlistment should be the reason for discharge.
Accordingly, the Board recommends that Petitioner’s reason for
separation be changed to erroneous enlistment vice fraudulent
enlistment.
The Board also concludes that the reentry code of RE-3E should be
assigned since there is no evidence that Petitioner had any
performance problems 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
11 September 2006 she received an entry level separation by
reason of erroneous enlistment and an RE-3E 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 ME ANICIOS
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 pm
Executive Dir
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