@ DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 13457-09
5 April 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy, ©
Subj: FORMER sggesgidiall ee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: {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 assigned a more favorable reentry
code than RE-4.
2, The Board, consisting of Mses. , a m Ree end Mr.
‘Wii ceviewed Petitioner's allegations of error and
injustice on i April 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. Although the application was not timely filed, the Board
finds it to be in the interest of justice to waive the statute
of limitations and consider the application on the merits.
c. Petitioner served on active duty in the Navy from 14
August to 8 September 2003 when he was discharged for failing to
meet medical/physical standards for enlistment due to traumatic
optic neuropathy. He was assigned a reentry code of RE-4 as
required when a Sailor is discharged for failing to meet
medical/physical standards for enlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that although Petitioner was properly discharged
and assigned a reentry code of RE-4, it would be in the interest
of justice to correct his record to show that he was discharged
by reason of erroneous enlistment and assigned a reentry code of
RE-3E. Effecting that change would permit him to reenlist if he
can obtain a waiver of his disqualifying visual defect, and it
will remove the stigma often associated with a reentry code of
RE-4.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was discharged by reason of erroneous entry on 8
September2003 and assigned a reentry code of RE-3E.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Pursuant to Section 6(¢) 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. ZSALMAN S a fle IOS
Recorder cting 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 Weed :
W. DEAN P
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