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NAVY | BCNR | CY2007 | 10966-07
Original file (10966-07.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

JRE
Docket No. 10966-07

8 August 2008

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

  

Subj: FORMER -.giiIS a
REVIEW OF NAVAL RECORD

Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149
(2) Subject's naval record

 

J Pursuant to the provisions of reference (a), Subject,

hereinafter referred to as Petitioner, filed enclosure (1) with

this Board requesting, in effect, that he received a more
favorable reentry code than RE-4.

2. The Board, consisting of Ms. "\ijiililimg, and Messrs. WNR@lie and

a: reviewed Petitioner's allegations of error and
injustice on 7 August 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 served on active duty in the Navy from 27
October to 16 December 2005, when he was discharged by reason of
erroneous entry-failed medical/physical procurement standards,
due to colitis. He was assigned a reentry code of RE-4, as

required by governing directives.

c. BUPERS Instruction 1900.8B directs the assignment of an
RE-4 reentry code to Sailors who are separated in accordance
with (IAW) the provisions of Military Personnel Manual
(MILPERSMAN) article 1910-130, by reason of erroneous entry/
failure to meet medical/physical procurement standards. Sailors
discharged IAW article 1910-130 by reason of erroneous
entry/other may be assigned reentry codes of RE-3E or RE-4, as
determined by the commanding officer.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that it would be in the interest of justice, as
an exception to policy, to assign Petitioner a reentry code of
RE-3E, to remove the stigma associated with a code of RE-4.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show, as an
exception to policy, that he was assigned an reentry code of RE-
3E on 16 December 2005.

b. That a copy of this Report of Proceedings be made a part
of 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€ ICIOS
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.

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