DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON BDC 20370-5100 Docket No. 5038-09
23 March 2010
From: Chairman, Board. for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Enel: . (1) DD Form 149
(2) 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 his naval record be
corrected to show that he was discharged for a reason other than
fraudulent entry. He contends that he was discharged because of
a medical condition that did not exist prior to his enlistment.
2. The Board, consisting of Messrs. ae: RFs nd
eI eV i ewed Petitioner's allegations of error and
injustice on 4 March 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 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 ina timely manner.
c. Petitioner served on active duty in the Marine Corps from
23 September 2008 to 17 April 2009, when he was honorably
discharged by reason of fraudulent entry due to syncope
(fainting) of unknown etiology. He was assigned a reentry code
of RE-4. There is no indication in the available records that
Petitioner suffered from syncope before he enlisted, or that he
concealed a history of any disqualifying medical conditions in
order to procure his enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that it Petitioner should have been discharged
for the convenience of the government due to a condition, not a
disability, which interfered.with his performance of duty, vice
by reason of fraudulent entry. Accordingly, 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
he was discharged for the convenience of the government due to a
condition, not a disability, which interfered with his
performance of duty, and that he was assigned a reentry code of
RE-3P vice RE-4.
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 matter.
ES R. E CIOS
Acting Recorder
ROBERT D. ZSALMAN
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.
\y Woe’
W. easels
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