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NAVY | BCNR | CY2009 | 03193-09
Original file (03193-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

Docket No: 3193-09
19 February 2010

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

   
     

REVIEW OF

 

Subj: FORMERA# é
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 12 September 1990.
2. The Board, consisting of Messrs. ==: iii, and
reviewed Petitioner's allegations of error and injustice on 27
January 2010 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

foliows:

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 15 August 1930. On
12 September 1990 he received an entry level separation by reason
of a condition, not a disability which interfered with his
performance of duty, namely, sleep walking. He was assigned a
reentry code of RE-4.

c. Applicable directives authorize the assignment of a
reentry code of RE-3G or RE-4 to a Sailor discharged by reason of
a condition not a disability.

CONCLUSION :

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board concludes that a reentry code of RE-3G should
now be assigned since his record does not warrant the most
stigmatizing code of RE-4. A code of RE-3G will alert recruiting
personnel that Petitioner requires a waiver of disqualification
in order to become eligible for enlistment.

RECOMMENDATION :

a. That Petitioner’s naval record be corrected to show that on
12 September 1990, he was assigned a reentry code of RE-3G.

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. “SALMAN ES R, am
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.

ye
ROBERT D. LMAN

Acting Executive Director

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