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NAVY | BCNR | CY2010 | 01905-10
Original file (01905-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
e JRE

WASHINGTON DC 20370-5100 1) et No. 1905-10
25 March 20106

 

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

    

Sub}: FORMER SR, <@areaen
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 her naval record be
corrected to show that she was assigned a more favorable reentry
code than RE-4. ‘

2. The Board, consisting of Messrs. ‘mh. wie 223
RMBRME! coved Petitioner's allegations of error and
injustice on 4 March 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. Enclosure (1) was filed in a timely manner.

c. Pétitioner served on active duty in the Navy from 29 June
to 17 July 2009, when she was discharged by reason of erroneous
entry based on a diagnosis of nystagmus, amblyopia deprivation
(lazy eye), which existed prior to her enlistment. She was
assigned a reentry code of RE-4, as permitted by governing
directives.

d. A Sailor being discharged by reason of erroneous entry may
be assigned a reentry code of RE-3E or RE-4 in the discretion of
the discharge authority.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner failed to submit sufficient
evidence to demonstrate that she was improperly assigned a
reentry code of RE-4. It concludes further, however, that it
would be in the interest of justice in her case to remove the
stigma associated with the RE-4 reentry code. Accordingly, the
Board finds the existence of an injustice warranting the
following corrective action.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
she was assigned a reentry code of RE-3E vice RE-4.

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(¢)) 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 mattey’. Vie

ROBERT D. ZSALMAN ES 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.

\Sroa Glas

W. DEAN PF

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