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NAVY | BCNR | CY2009 | 02821-09
Original file (02821-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON BC 20370-5100

BAN

Docket No: 2821-09
29 December 2009

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

 

j: REVIEW OF NAVAL RECORD OF wf

pee nee

 

‘Ref: (a) 10 U.S.c. 1552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, a former
enlisted member of the United States Navy, filed enclosure (1) with
this Board requesting, in effect, that his reason for separation
(fraudulent enlistment) and his separation code (JDA) be changed on
his “Certificate of Release or Discharge from Active Duty” (DD Form
214),

   

  

2. The Board, consisting of Messrs. } Tire... 20) Sa
reviewed Petitioner's allegations of @rror and injustice on 15 _
December 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
administxative remedies available under existing law and regulations

within the Department of the Navy.

b. Petitioner enlisted in the Navy on 21 January 2009, and served

- without disciplinary incident. However, on 2 February 2009, he was

medically disqualified due to a diagnosed condition of hyperglycemia.
Therefore, on 13 February 2009, he was separated from naval service
with an entry level separation and an RE-4 reenlistment code. His
recruiters were unaware of his condition prior to enlistment.
CONCLUSION:

Upon review and consideration of all the evidence of record the Board
concludes that Petitioner's request warrants favorable action. He
served without disciplinary infractions, and only separated because he
had a medical condition that did not allow him to serve in the
military. Further, the Board believes that there was no indication
that he knew that he had the medical condition prior to entry into the
naval service. Therefore, the Board concludes that his reason for
separation should be changed from fraudulent to erroneous. and the
separation code should be changed from JDA (fraudulent) to JFC
(erroneous enlistment, not due to alcohol abuse). In view of the
above, the Board recommends the following action.

RECOMMENDATION ;

a. That Petitioner's naval record be corrected by changing the
reason for separation on his DD Form 214 to read, “erroneous entry”,
and the separation code be changed to JFC vice JDA, which were
assigned on 13 February 2009.

b. That any material or entries inconsistent with or relating to
the Board's recommendation be corrected, removed, or completely
expunged from Petitioner's record. and that no such entries or material
be added to the record in the future.

¢c. That any material directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy of this
Report of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner’ & 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 Ce Ne entitled matter.
ROBERT D. ZSALMAN BRIAN Anon} GEORGE
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 Navy.
— DEAN PFEIFFER

' Executive director

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