DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07073-08
21 November 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER @ a
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) Subject's naval record
(3) BUMED Internal Medicine ltr of 5 Nov 08
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the diagnosis of
hepatitis C be removed from his record.
2. The Board, consisting of Ms. Mend Messrs. Bxgmiite
NN ev iewed Petitioner's allegations of error and
injustice on 14 November 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. Enclosure (1) was filed in a timely manner.
c. Petitioner served on active duty in the Navy from 5 March
to 15 April 2008, when he was discharged by reason of failing to
meet procurement medical standards because of a diagnosis of
hepatitis C which was made shortly after he entered active duty.
d. In correspondence attached as enclosure (2), the Specialty
Leader for Internal Medicine, Bureau of Medicine and Surgery,
expressed the opinion that the diagnosis of hepatitis C made in
this case was based on a false positive test result. The
Specialty Leader recommends that Petitioner’s request be
granted.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by the
expunction of all references to a diagnosis of hepatitis C.
b. That Petitioner's naval record be further corrected to
show that he was discharged on 15 April 2008 by reason of
Secretarial plenary authority and assigned a reentry code of RE-
Ls
c. That the material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made
a part of Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 i Ge
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 PF
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