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NAVY | BCNR | CY2010 | 09255-10
Original file (09255-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
Docket No: 9255-10

1 November 2010

Chairman, Board for Correction of Naval Records

 

 

From:
To: Secretary of the Navy
NAVAL
Ref: fa) Title 10 uU.6.¢0. 1552
Encl: (1) DD Form 149
1. Pursuant to the provisions of reference (a), Petitioner

applied to this Board requesting his naval record be corrected by
changing the reason for his discharge and reentry code.

2. The Board, consisting of - ed and Ms.

, reviewed Petitioner's allegatio £ er njustice
October 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 policiés..

eviewed all the facts of record pertaining

3. The Board, having r
f error and injustice, finds as

to: Petitioner's allegations o
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. Petitioner enlisted in the Navy on 28 October 1998.
Petitioner did not have any disciplinary action during his period

of service.

c. A psychological evaluation conducted on 24 November 1998
found that Petitioner had an attention deficit/hyperactivity
disorder. He was thought to present a risk of harm to himself
and others if retained in the Navy. On 3 December 1998 he
received an entry level separation by reason of erroneous entry

and was assigned a reentry code of RE-4.

d. Applicable directives authorize the assignment of either
an RE-3E or RE-4 reentry code to an individual separated for the

above reason.
CONCLUSION:

 

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board concludes that the reentry code of RE-3E
should be assigned since there is no evidence that Petitioner had
any disciplinary infractions during his period of service and his
record does not otherwise support the more stigmatizing code of
RE-4.

RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that on

3 December 1998, he was assigned an RE-3E reentry code instead of
the RE-4 reentry code actually assigned on that date.

 

b. That no further relief be granted.

c. That a copy of this Report of Proceedings be filed in his
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)) itjis certifiedithat a “quorum was
presept at the Board’s review and deliberations, and that the
Foregding is a true and complete record of the Board's
proceedings in the above entitled matter.

(fre

ROBERT D. ASALMAN JAMES 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.

TD, Him

FOr, W. DEAN IFFER
Executive Director

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