DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS,
Docket No: 2391-08
26 June 2008
From: Chairman, Board for Correction of Naval Records
TO: secretary of the Navy
Subj: FORMER@iRy ee ca
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 8 November 2004.
2. The Board, consisting of Messrs. wk, sr and ‘gieniaeton,
reviewed Petitioner's allegations of error and injustice on 18
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 3 August 2004 Petitioner enlisted in the Navy. On 19
October 2004 she was diagnosed with Symptomatic scoliosis with
back pain, a condition that existed prior to entry. On 8
November 2004, she was separated with an entry level separation
by reason of fraudulent enlistment and was assigned a reentry
code of RE-4.
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-
reentry code to an individual separated for erroneous enlistment.
Cc.
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 symptomatic scoliosis.
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 8
November 2004 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 fete EXNICIOS
A
Recorder cting Recorder
>. 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.
La
W. DEAN PF
Executive Dire
4
NAVY | BCNR | CY2009 | 11724-09
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 1 September 2009. A Sailor who is found to pe not physically qualified for enlistment may, in the alternative, pe separated by reason of erroneous entry and assigned a reentry code of RE-3E or RE-4. Accordingly, the Board recommends that Petitioner's reason for separation be changed to erroneous entry.
NAVY | BCNR | CY2008 | 04572-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 4572-08 26 June 2008 Chairman, Board for Correction of Naval Records From: To; Secretary of the Navy Subj: ORMER “3a REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.c. Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting her naval record be corrected by changing the reason for discharge and the reentry code she was assigned on 18 September 2006. ...
NAVY | BCNR | CY2009 | 07401-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100cpa Docket No: 7401-09 5 October 2009 ° From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER agagiieeeoseemes Meme REVIEW OF - NAVAL’ RECORD Ref: (a) Title 10 U.S.C. b. Petitioner enlisted in the Navy on 8 August 2007. Petitioner's naval record.
NAVY | BCNR | CY2007 | 10013-07
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. Applicable directives authorize the assignment of either an RE-3E or RE-4 reentry code to an individual separated for erroneous enlistment. Accordingly, the Board recommends that Petitioner’s reason...
NAVY | BCNR | CY2003 | 05143-03
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by changing the RE-4 reenlistment code assigned on 5 April 2001. c. On 12 February 2001 a grand jury charged Petitioner with robbery and a warrant was issued for her arrest. Applicable directives authorize the assignment of either an RE-3E or RE-4 reenlistment code to an individual separated for...
NAVY | BCNR | CY2009 | 04814-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX HIN 70- WAS GTON DC 20370-5100 JRE Docket No: 4814-09 15 Gune 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: FORMER qq me: REVIEW OF .NAVAL RECORD Ref: (a) Title 10 U.S.C. Enel: (1) DD Form 149 (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 basis for her...
NAVY | BCNR | CY2007 | 06943-07
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, applied to this Board requesting to change the reason for separation "Fraudulent Entry Into Military Service" and RE-4 reenlistment code that was issued on 9 July 2007. Specifically, the Board finds that Petitioner disclosed her history of counseling during the enlistment processing as evidenced by her physical examination and subsequent psychiatric evaluation that was completed at the...
NAVY | BCNR | CY2009 | 04542-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS , 2 NAVY ANNEX - WASHINGTON DG 20370-5100qpq Docket No: 4542-09 15 June 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER® a reer ¥ REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting his naval record be corrected by changing the reentry code he was assigned on 12 August 2008. The Board believes...
NAVY | BCNR | CY2008 | 08512-08
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 2 April 2008. Petitioner enlisted in the Navy on 23 January 2008. Applicable regulations authorize the assignment of either an RE-3E or RE-4 reentry code to an individual separated for erroneous entry.
NAVY | BCNR | CY2008 | 00748-08
Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting his naval record be corrected by changing the reentry code she was assigned on 8 November 2007. Petitioner enlisted in the Navy on 5 September 2007. Applicable regulations authorize the assignment of either an RE-3E or RE-4 reentry code to an individual separated for erroneous entry.