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NAVY | BCNR | CY2009 | 04866-09
Original file (04866-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL- RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
CRS

Docket No: 4866-09
27 July 2009

 

From: Chairman, Board for Correction of Naval Records

 

 

To: Secretary of the Navy

Subj: : EVIEW 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 13 dune 2008.

Mr ae and Mr.

oe i calli eviewed Petitioner's allegations of error and
injustice on 8 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, reguiations and policies.

 
 
     

  

2. The Board, consisting of vs

3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
Lollows:

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 5 February 2008. On
5 June 2008 his commanding officer directed separation based on
his being diagnosed with a heart murmur. on 15 June 2008 he
received an entry level separation by reason of a defective
enlistment agreement because he did not qualify for service as an
aircrewman due to the heart murmur. He was assigned a reentry
code of RE-3R.

 

c. An RE-3R reentry code is assigned to individuals when
discharged for a defective enlistment agreement. An RE-1 reentry
code means that the individual is fully qualified for
reenlistment.

 

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board conciudes that Petitioner's request warrants favorable
action. In this regard, the Board notes that Petitioner's record
was free of any disciplinary action during his period of service.
In addition, the Board concludes that the RE-3R reentry is
inappropriate given the circumstances of Petitioner's case.
Although he was not qualified for service as an aircrewman, it
appears that he was physically qualified for general service and

that it would be appropriate and just to change his reentry code
to RE-1.

 

 

_ RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that on
13 June 2008, he was assigned an RE-1 reentry code instead of the
RE-3R reentry code actually assigned on that date.

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 Je bes |
A

 

Recorder cting 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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