DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 4061-09
4 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER ae
REVIEW OF NAVAL RI
ECORD
Ref: fa’ Title 16 @.8.€. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting her naval record be corrected by
changing the reason for discharge and the reentry code she was
assigned on 15 January 2009.
2. The Board, consisting of Messrs. ies, re and
WENNER «viewed 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
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 3 December 2008. On
2 January 2009 she was diagnosed with analphylactic reaction to
insect venom. On 15 January 2009 she received an entry level
separation by reason of fraudulent entry and was assigned a
reentry code of RE-4. She did not have any disciplinary action
taken against her during her period of service.
c. An RE-4 reentry code is required if an individual is
separated by reason of fraudulent entry. An individual may be
separated due to erroneous entry if the enlistment would not have
occurred if the relevent facts had been known but there was no
fraudulent conduct on the itidividual’s part. Applicable
regulations authorize the assignment of either an RE-3l or RE-4
reentry code to an individual separated for erroneous outry.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board believes Petitioner’s
contention that she did not conceal any medical conditions prior
to enlistment. Therefore, the Board concludes that the reason
for her discharge should be changed to erroneous entry.
The Board also concludes that the reentry code of RE-3E should be
assigned since there is no evidence that Petitioner had any
performance problems or disciplinary infractions during her
period of service and her 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
15 January 2009 she received an entry level separation by reason
of erroneous entry and an RE-3E reentry code.
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. ZSALMAN
Recorder
JAMESOR. “EXNICIOS
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.
W. DEAN PFE
Executive Di
i
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