DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 00973-10
4 November 2010
From: Chairman, Board for Correction of Naval Records
Td: Secretary of the Navy
Rer: (a} 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting a change in his RE-4 (not recommended for
retention) reentry code.
2. The Board, consisting of Mr. yy mr. ae =:
Mr. hess reviewed Petitioner's allegations of error and
injustice on 2 November 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 enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
ec. Petitioner enlisted in the Navy and began a period of
active duty on 21 June 2002. On 29 November 2003, he received
nonjudicial punishment (NJP) for 31 days of unauthorized absence
(UA). On 11 and 19 October 2005, he was medically evaluated and
diagnosed with sleepwalking. On 26 October 2005, he submitted a
request for separation due to the diagnosis. He stated, in part,
that his sleepwalking had existed while he was a child at the age
of 12, and upon joining the Navy his condition resurfaced,
persisted, and prevented him from completing his obligated
service due to unsafe conditions in his work and living
environment onboard ship. Subsequently, administrative discharge
action was initiated by reason of convenience of the government
due to the diagnosed sleepwalking condition. After being
afforded all of his procedural rights, he was honorably
discharged due to a condition, not a disability, on 23 January
2006. At that time, he was assigned an RE-4 reentry code,
meaning he is not recommended for reenlistment. However, he
could have been assigned a code of RE-3G meaning that he had a
condition, not a disability.
d. With his application, Petitioner states that he wants to
be reevaluated so that can reenter the service.
CONCLUSION :
Upon review and consideration of all the evidence of record,
including his NUP, the Board concludes that Petitioner's request
warrants favorable action.
In this regard, the Board therefore concludes that no useful
purpose was served by assignment of the most restrictive reentry
code of RE-4, and assignment of the RE-3G code more accurately
reflects the quality of his service.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 23 January 2006 he was issued an RE-3G reentry code vice the
RE-4 reentry code actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on
28 January 2010.
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. ZSALMAN BRIAN Siler Aires
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 Regulation, 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.
W. DE
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