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NAVY | BCNR | CY2008 | 07730-08
Original file (07730-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100CRqG

Docket No: 7730-08
29 September 2008

 

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

      

Subj: FORMER 2 “aa
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 his naval record be corrected by
changing the reentry code he was assigned on 4 December 2006.

2. The Board, consisting of Messrs. ie ae and iia.

reviewed Petitioner's allegations of error and injustice on 27
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. Petitioner
enlisted in the Navy on 9 December 2002. On 6 September 2006 he
received nonjudicial punishment for willful disobedience of a
lawful order, dereliction of duty, and being drunk on duty. He
received a general discharge by reason of physical standards on 4
December 2006 and was assigned a reentry code of RE-4.

b. Applicable directives authorize the assignment of
reentry codes of RE-3F or RE-4 to individuals discharged by
reason of physical standards.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that it would be in the interest of justice to
assign a reentry code of RE-3F since Petitioner’s record does not
warrant the most stigmatizing reentry code of RE-4. A code of
RE-3F will alert recruiting personnel that there was a problem
with Petitioner's physical state during the prior enlistment
which must be resolved before reentry may be authorized.

 

RECOMMENDATION :

 

a. That Petitioner's naval record be corrected to show that on 4
December 2006, he was assigned a reentry code of RE-3F.

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.

   
  

Kes E CIOS

Acting Recorder

ROBERT D. ZSALMAN
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.

VD nas

W. DEAN PFI
Executive

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