DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
“5100
WASHINGTON DC 20370 ORS
Docket No: 5569-09
& June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF
Subj: FORMER 4
NAVAL REC
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 reason for discharge and the reentry code he was
assigned on 1 June 2006.
2. The Board, consisting of Ni we se i.
F reviewed Petitioner's allegations of error and imsitiee
on 3 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 20 April 2006. On 18
May 2006, he was diagnosed with pleurisy. On 1 June 2006, he
received an uncharacterized entry level separation by reason of
his failure to meet medical/physical procurement standards and
was assigned a reentry code of RE-4.
c. Applicable directives require the assignment of an RE-4
reentry code when a Sailor is discharged.for. failing. to meet
medical/physical procurement standards. A Sailor who is found to
be not physically qualified for enlistment may, in the
alternative, be separated by reason of erroneous entry and
assigned a reentry code of RE-3EF or RE-4,. At the time of
Petitioner’s discharge, a reentry code of RE-4 was required for a
diagnosis of pleurisy.
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 aware of his
condition when he was accepted for enlistment, but not the
severity. 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 1
June 2006 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. 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 cf the Board's proceedings in the above entitled
Matter.
ROBERT D. ZSALMAN EXNICIOS
Recorder Acting pecorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures cf 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.
VS eas
W. DEAN PFBI R
Executive or
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