DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06461-10
18 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
NAVAL RECORD
Ref: (a) 10 US... 1852
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 his naval record be corrected to
show that he was assigned a more favorable reentry code than RE-4,
and that he be granted a waiver of physical disqualification from
reenlistment.
2. The Board, consisting of Messrs. Garst, Gorenflo and McBride,
reviewed Petitioner's allegations of error and injustice on 14 April
2011 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. Petitioner enlisted in the Navy on 10 August 2007. Shortly
after he entered on active duty he disclosed a history of chronic
low back pain with radiation to his lower extremities, which he
described as “excruciating”. He also aisclosed that in 2003 he had
a “bulging disc” in his back which caused paralysis of both legs that
required acupuncture to “get his legs to work again”. Although he
was ultimately “cleared” by his physician, the pain never resolved.
On 21 September 2007 he was discharged by reason of erroneous entry
due to his disqualifying back condition, and assigned a reentry code
of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concluded that irrespective of the precise diagnostic,nomenclature
applied#p Petitiariert’s back ,tperde t ion.,, he dtd. not 'ngge the minimum
physical standards for enlistment due to his history of chronic back
pain with referred pain in his lower extremities. Notwithstanding
the foregoing, the Board concludes that it would be in the interest
of justice to correct his record to show that he received a reentry
code of RE-3E vice RE-4, which would facilitate his reentry af hé
+5 able to obtain a waiver of his disqualifying back condition.
As it is beyond the purview of the Board to grant a waiver of a physical
disqualification from enlistment, it did not take any action on that
portion of his request for correction of his record.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was assigned a reentry code of RE-3E on 21 September 2007.
b. That so much of Petitioner's request for correction of his
naval record as exceeds the foregoing be denied.
c. 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.
AMES R. EKNICIOS
Acting Recorder
ROBERT D. ZSALMAN
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.
LD Deane
W. DEAN PFE
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