DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
JRE
Docket No. 07900-09
2i August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretaxy of the Navy
Subj: FORMER SR, 3% i era
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 her naval record be
corrected to show that she was discharged for a reason other
than fraudulent entry, and that she be assigned a reentry code
that will permit her to reenlist. She contends, in effect, that
although she had been treated by a dermatologist as a chiid, she
did not know that she been diagnosed with eczema, and that she
did not knowingly conceal a history of eczema when she applied
for enlistment.
2. The Board, consisting of Ms qm and Messrs. 7. and.
WMMMEMB reviewed Petitioner's allegations of error and injustice
on 20 August 2009 and, pursuant. to its regulations, determined
thatthe 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 in a timely manner.
c. Petitioner underwent a pre-enlistment physical examination
of 16 June 2008. She completed a Report of Medical History on
that date in which she discioged a history of disqualifying
right shoulder injuries which required two. arthroscopic surgical
procedures to correct. She denied having a history of skin
diseases by checking “No” in item 13g of the report, which
gives:“acne, eczema, psoriasis, etc” . The nurse practitioner
who examined Petitioner reported normal results of a clinical
evaluation of Petitioner's skin. Petitioner was found not
physically qualified for enlistment on 10 June 2008 because of
her history of shoulder instability and recurrent dislocations,
but was granted a waiver of physical disqualification on 10 July
2008. She enlisted on 17 February 2009, and was given a
prescription for an acne medication of 25 February 2009. On 25
March 2009, she sought treatment for skin lesions on her face,
neck, upper chest, arms and hands which began after she started
using the acne medication and persisted after she stopped using
it. She reported a history of sensitive skin and treatment by a
dermatologist when she was a child. She was evaluated by a Navy
dermatologist, who diagnosed her condition as eczema and.
recommended that she receive an entry level medical separation.
Her commanding officer chose to process her for separation by
reason of fraudulent entry due to her failure to disclose her
history of eczema, rather than by reason of erroneous entry or
failure to meet procurement medical standards. She was
discharged by reason of fraudulent entry on 22 April 2009, and
assigned a reentry code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner was properly discharged in view
of her failure to disclose her history of skin disease, because
disclosure of that history might have delayed or precluded her
enlistment; however, it does not appear that she had an intent
to defraud recruiting officials, because she did not knowingly
make any material misrepresentations in order to procure an
enlistment. In this regard, the Board accepts her contention to
the effect that although she had a remote history of acne and
other unknown skin disease(s), she did not know that she had
been given a diagnosis of eczema or that a history of eczema was
disqualifying for enlistment. In addition, the Board noted that
she willingly disclosed her history of shoulder injuries and
arthroscopic surgery and was required to obtain a waiver of that
history in order to enlist.
In view of the foregoing, the Board concludes that the current
basis for Petitioner’s discharge is unjust, and that the
following corrective action is warranted.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 22 April 2009, she was discharged for the convenience of the
government by reason of a condition, not a disability, which.
interfered with her performance of duty, and that she was
assigned a reentry code of RE-36G.
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.
ROBERT D. ASALMAN AMES R,“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.
lo. ;
W. DEAN PFELF
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