DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ORE
Docket No. 04000-09
20 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER glia a
NAVAL RECORD
REVIEW OF
Ref: (a) 10 U.S.C. 1552
Enci: (1) DD Form 1498
(2) Ophth Spec itr dtd 27 May 2009
3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that her naval record be
corrected to show that she was assigned a reentry code of RE-1.
She presents a statement and medical evidence from three retinal
specialists who are of the opinion that she does not suffer from
the disqualifying retinal condition that resulted in her
discharge. ,
2. The Board, consisting of Ms. SMM and Messrs WMA and
waite reviewed Petitioner's allegations of error and injustice
on 9 July 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. Enclosure (1) was filed in a timely manner.
c. Petitioner served on active duty in the Navy from 17
November to 17 December 2008, when she was discharged by reason
of her failure to meet procurement medical/physical standards
due to a disqualifying retinal condition. She was assigned a
reentry code of RE-4 as required by governing directives.
d. In correspondence attached as enclosure (2), a Navy
Medical Corps ophthalmologist and retinal specialist advised the
Board, in effect, that in his opinion it is likely that
Petitioner does not have a disqualifying retinal condition, but
that he could not provide a definitive opinion without examining
her. In the absence of another examination by a military retinal
specialist, it is reasonable to accept the assessment of the
civilian retinal specialists.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
resolving doubt in Petitioner’s favor, the Board finds the
existence of an injustice warranting the following corrective
action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
she was discharged by reason of Secretarial Authority on 17
December 2008 and assigned a reentry code of RE-1.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 mrs
ROBERT D. ASALMAN - TAME B. SNICIOS
Recorder i 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 forégoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
7 "DEAN APE B
Bxecutive Dil
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