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NAVY | BCNR | CY2009 | 07455-09
Original file (07455-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
hoe CRS

Docket No: 7455-09
4 December | 2009

From: Chairman, Board for Correction of Naval, Records
To: Secretary of the Navy

 

Subj: FORMER ASI ne We 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 reason for discharge and the reentry code he was
assigned on 10 July 2009.

 

2. The Board, consisting of Mr. @® me Mc. Que and Ms.
en Willi, ceviewed Petitioner's allegations of error and
injustice on 2 December 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 10 October 2008 and
served until 10 July 2009 when he was honorably discharged by
reason of a condition, not a disability which interfered with his
performance of duty, which is not described in his record. He
was assigned a reentry code of RE-4.

c. Applicable directives authorize the assignment of
reentry codes of RE-3G or RE-4 to individuals discharged by
reason of a condition not a disability.

CONCLUSION:

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable

action. The Board concludes that a reentry code of RE-36 should
now be assigned since his record does not warrant the most
stigmatizing reentry code of RE-4. A reentry code of RE-3G will

alert recruiting personnel that there was a problem with
Petitioner’‘s physical during the prior enlistment which must be
resolved before reentry is authorized.

The Board did not consider whether Petitioner’s reason for
separation should be changed, since he has not exhausted his
administrative remedies by applying to the Naval Discharge Review
Board.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected to show that on
10 July 2009, he was assigned a reentry code of RE-3G.

b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

c. That no further relief be granted.
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 SR. EXNICTOS
_ Recorder eting 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.

Drak

W. DEAN PF
Executive for

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