DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100cpa
Docket No: 7401-09
5 October 2009 °
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER agagiieeeoseemes Meme REVIEW OF
- NAVAL’ RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: -(1) DD Foxm 149
(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 ue oops
changing the reentry code she was assigned on 17 September. 2007...
2. The Board, consisting of Messrs. -—RWRiRy wR and pe
reviewed Petitioner's allegations of error and injustice on: 23.
September 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
applicabie 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 8 August 2007. On 22
August 2007: she-was. diagnosed with symptomatic scoliosis, which... ....
existed prior to her enlistment. On 17 September 2007, she
received an uncharacterized entry level separation by reason of
her 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 ancl
asegigned a reentry code of RE-3E or RE-4.
CONCHUS ION ;
Upon review and consideration of all tie evidence of record tine
Board concludes that Petitioner's request watrants favorable
action. The Board believes that the reason for discharge should
be changed to erroneous entry since Petitioner was unaware of her
condition when she 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 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
17 September 2007 she received an entry level separation by
yeason of erroneous entry and.was assigned a.reentry code.of ... -:
RE-35.
b. That a copy of this Report of Proceedings be filed:in .
Petitioner's naval record. Ss . 4 : = a
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. me ,
ROBERT D. ZSALMAN Me EXNICIOS .
Recorder 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.
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