DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 8512-08
15 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER @ie
REVIEW O VAL 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 2 April 2008.
2. The Board, consisting of Ms. Qe Mc. fie and Mr. que.
reviewed Petitioner's allegations of error and injustice on 1
October 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 23 January 2008. On 18 March 2008 she
was diagnosed with right leg strain and patellar tendonitis. On
2 April 2008 she received an entry level separation by reason of
fraudulent entry and was assigned a reentry code of
RE-4. She did not have any disciplinary action taken against her
during her period of service.
b. An RE-4 reentry code is required if an individual is
separated by reason of fraudulent entry. An individual may be
separated due to erroneous entry 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
regulations authorize the assignment of either an RE-3E or RE-4
reentry code to an individual separated for erroneous entry.
c. Petitioner argues that she lost a 100 pounds in order to
join the Navy. She believes that several falls at recruit
training caused her orthopedic problems. She maintains that she
did not conceal any medical conditions and did not enlist
fraudulently.
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’s
contention that she did not conceal any medical condition prior
to enlistment. Therefore, the Board concludes that the reason
for her discharge should be changed to erroneous entry.
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
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 2
April 2008 she received an entry level separation by reason of
=
erroneous entry and an RE~-3E reentry code.
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
Recorder eti
EXNICIOS
Recorder
5. Pursuant to the delegation of authdrity 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.
\s
Executive D
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