DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 981-09
16 April 2009
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF @j——/iill
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a former
member of the Marine Corps, applied to this Board requesting an RE-3
reenlistment code vice the RE-4 that was issued on 7 January 2003.
2. The Board, consisting of Mr. iis, » v RMS and
Ms. ‘aie: reviewed Petitioner's aiegatcions of error’ and injustice
on 15 April 2009, 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, advisory opinion,
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’s application was filed in a timely manner.
c. On 10 June 2002, Petitioner enlisted in the Marine Corps at
age 18. On 2 November 2002, a medical evaluation recommended that he
be discharged after he was diagnosed and received treatment for
chronic left hip flexor adductor tendonitis and greater trochanteric
bursitis. On 2 February 2002, his commanding officer initiated an
entry level separation by reason of convenience of the government due
to a condition not a disability. In connection with this processing,
he acknowledged the separation action and submitted a statement
indicating that he wanted to reenilst after he recuperated.
On 23 December 2002, the separation authority approved the
recommendation and directed an entry level separation by reason of
convenience of the government due to a condition not a disability.
On 7 January 2003, he was so discharged and assigned an Ri -4
reenlistment code.
d. In his application, Petitioner requests an RE-3 reenlistment
code so that he may be considered for reenlistment and participation
in the Navy Reserve Officers Training Corps Scholarship Program.
He further states that he was discharged due to a condition not a
disability and there were no other physical problems. With his
application, he provided a physical examination dated
1 December 2008, which found that he has no hip abnormalities.
e. Attached to enclosure (1) is an advisory opinion from
Headquarters Marine Corps (MMER), which states, in part, as follows:
... [Petitioner's] record has been reviewed and it has
been determined that at the time of separation he
should have been assigned a reenlistment code of
RE-3P, which means failure to meet medical/physical
standards...
... [Petitioner] was administratively discharged
by reason of a physical condition, not a disability...
his record shows that he received a counseling
addressing his medical condition...the
assignment of the RE-4, that entry [sic] lacks
correct justification... .
...this headquarters recommends changing
[Petitioner's] reenlistment code to RE-3P...
£. Regulations authorize assignment of an RE-4 reenlistment code
to members who are discharged due to a condition not a disability.
Regulations also authorize assignment of an RE-3P reenlistment code
in such cases.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
Specifically, the Board concurs with the advisory opinion. In this
regard, the Board finds that there is no justification in the record
to assign him an RE-4 reenlistment code, since he has no disciplinary
action and he was discharged due to a condition that was not a
disability. Therefore, the Board concludes that his reenlistment
code should be changed to RE-3P.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued an RE-3P reenlistment code on 7 January 2003, vice the
RE-4 that was issued 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 BRIAN lo
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 Regulation, 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
| he oh,
W. DEAN PFEIF
Executive Dir Oo
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