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NAVY | BCNR | CY2008 | 09021-08
Original file (09021-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
CRS

Docket No: 9021-08
21 January 2009

 

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

 
   

Subj: FORMER SR, USN ,qs—iiiailinas
REVIEW OF NAVAL RECORD

 

 

Ref: (a) Title 10 U.S.C. 1552

 

Encl: (1) DD Form 149
(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 1 March 2004.

2. The Board, consisting of Messrs. ge cnd agRRges and Ms.

Wie ceviewed Petitioner's allegations of error and
injustice on 17 December 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. Petitioner enlisted in the Navy on 18 November 2003, and
served until 1 March 2004, when he received an entry level
separation by reason of erroneous entry due to dissecting
cellulitis. He was assigned a reentry code of RE-4.

c. Applicable directives authorize the assignment of a
reentry code of RE-3E or RE-4 to an individual separated by
reason of erroneous entry.

 

CONCLUSION:

Upon review and consideration of all the evidence oi record the
Board concludes that Petitioner's reyuest warrants favorable
action. The Board concludes that the reentry code of RE-3E
should be assigned since there is no evidence that Petitioner had
any disciplinaray infractions dnring his period of service and
his 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 1
March 2004, Petitioner was assigned 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

ROBERT D. ZSALMAN EXNICIOS
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.

tor

     
   
 

W. DEAN P
Executive

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