DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX -
WASHINGTON DG 20370-5100qpq
Docket No: 4542-09
15 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER®
a
reer ¥ REVIEW OF
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 August 2008.
2.- The Board, consisting of Messrs. —RRRMA. Wier and ae
on IL
reviewed Petitioner's allegations of error and injustice
June 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 26 June 2008. On 14
July 2008 he was diagnosed with scoliosis. On 12 August 2008 he
received an entry level separation by reason of fraudulent entry
and was assigned a reentry code of RE-4. He did not have any
disciplinary action taken against him during his 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 relevant facts nad been known but there was no
fraudulent conduct on the individual’s part. Applicable
regulations authorize the assignment of either an RE-3E or RE-4
reentry code to an individual separated for erroneous entry.
d. Petitioner argues that he was misdiagnosed and never
represented or covered up a back condition.
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
12 August 2008 he received an entry level separation by reason of
erroneous entry and 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. Tt 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
] R. EXNICIOS
cting Recorder
9. 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.
neem Ah ——_
Feoww. DE PFEIFFER
Executive Director
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