2. The Board, consisting of Mr =i
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1601-09
8 September 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER Qi
OF NAVAL RECORD
. Ref: (a) Title 10 U.S.C. 1552
Encl: {1} DD Form 149
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 19 May 2005.
as ieee, and Ms.
RB reviewed Petitioner's allegations of error and injustice on
“12 August 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, 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 19 April 2605. On 10
May 2005 he was diagnosed with chronic knee pain. On 19 May.
2005, he received an uncharacterized entry level separation by
reason of his failure to meet medical/physical procurement
Standards and was assigned a reentry code of RE-4.
c. Applicable directives require the assignment of an RE-4
reentry code when a Sailor is discharged for failing to meet
medical/physical procurement standards. A Sailor who is found to
be not physically qualified for enlistment may, in the
alternative, be separated by reason of erroneous entry and
assigned a reentry code of RE-3E or RE-4. At the time of
Petitioner’s discharge, a reentry code of RE-4 was required for a
diagnosis of chronic knee pain.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, a
majority of the Board, consisting of Mr. Morgan and Mr. Pfeiffer
concludes Petitioner’s request warrants favorable action. The
majority notes that Petitioner states he has had no further
problems with his knees. The majority believes that the reason
for discharge should be changed to erroneous entry since
Petitioner was unaware of the severity of his condition when he
was accepted for enlistment. Accordingly, the majority
recommends that Petitioner’s reason for separation be changed to
erroneous entry.
The majority also concludes that an RE-3E reentry code should be
assigned since there ig no evidence that Petitioner had any
performance or disciplinary infractions during his period of
service and his record does not otherwise support the more
stigmatizing code of RE-~4.
MAJORITY RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on
19 May 2005 he received an entry level separation by reason of
erroneous entry and was assigned a reentry code of RE-3E.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
MINORITY CONCLUSION:
The minority member of the Board, Ms. Mann, disagrees with the
majority. She believes that since there is no clear proof that
Petitioner’s knees are in good shape, he will fail again if given
another opportunity.
MINORITY RECOMMENDATION:
That no relief be granted.
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, 4SALMAN : ES KR. BXNICIOS
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your
review and action.
lo ean
W. DEAN PPEIRFE
MAJORITY REPORT:
Reviewed and approved:
Robert T. Cali
Manpower and Reserve Affairs)
MINORITY PORT:
Review and approved:
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