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NAVY | BCNR | CY2009 | 03086-09
Original file (03086-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 3086-09
1 May 2009

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

  
 

Subj : FORMERS ? i sas _
REVIEW OF NAVAL RI

 

 

ECORD
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 his naval record be corrected by
changing the reentry code he was assigned on 5 November 2003.

wmmrhe Board, consisting of Messrs. jpIBRRgRR mee and
3 reviewed Petitioner's allegations of error and injustice

on 29 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, 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
Eollows:

a. Before appiying 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 il September 2003.
On 18 September 2003 he was diagnosed with sickle cell trait,
which existed prior to his enlistment. On 5 November 2003, 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 mav, in the

alvernatkive, be separated!’ by reason of erroneous entry and
assigned a reentry code of RE-3f or RE-4. At the time of
Petitioner’s ‘ischarge, a reentry code of RE-4 was required for a

diagnosis of sickle cell trait.
CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that the reason for discharge should
be changed to erroneous entry since Petitioner was unaware of his
condition when he was accepted for enlistment. Accordingly, the
Board recommends that Petitioner’s reason for separation be
changed to erroneous entry.

 

 

The Board also concludes that an RE-3E reentry code should be
assigned since there is 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.

 

 

 

 

 

RECOMMENDATION:

 

a. That Petitioner's naval record be corrected to show that on 5
November 2003, he was assigned a reentry code of RE-3E.

 

 

 

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.

EXNICIOS
Acting Recorder

  

 

ROBERT D. ZSALMAN
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.

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