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NAVY | BCNR | CY2008 | 04572-08
Original file (04572-08.pdf) Auto-classification: Approved
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. 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 reason for discharge and the reentry code she was

assigned on 18 September 2006.

2. The Board, consisting of Messrs. Wr iis.
sy,

reviewed Petitioner's allegations of ror 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 6 July 2006 Petitioner enlisted in the Navy. On il
July 2006 she was diagnosed with heart problems that included a
past history of spontaneous palpitations. On 18 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 did not consider the heart palpitations serious.
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 ES Zn

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 PFET

Executive Di

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