DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8955-10
27 October 2010
From: Chairman, Board for Correction of Naval Records
Lo; Secretary of the Navy
Subj: FORMER GS
NAVAL RECORD
REVIEW OF
—— Seen
Ref: (a) Title 10 U.S.C. 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 discharge and the reentry code he was
assigned on 18 October 2007.
2. The Board, consisting of Mr. | ae... Ms.
QE eviewed Petitioner's allegations o fror and injustice
on 20 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 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. Petitioner enlisted in the Navy on 6 June 2007.
Petitioner did not have any disciplinary action during his period
of service.
c. While Petitioner's record lacks documentation concerning
the specific basis of his discharge, he contends he was separated
due to spina bifuda, and submitted a medical evaluation which
states although spina bifuda is not demonstrated, a small defect
could certainly be missed. On 18 October 2007 Petitioner
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 by
reason of erroneous entry.
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.
The Board did not consider whether your reason for separation
should be changed, since you have not exhausted an available
administrative remedy by applying to the Naval Discharge Review
Board (NDRB). You may do so by submitting the attached DD Form
293.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on
18 October 2007, Petitioner 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)) 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.
/
UlP2 Zz
ROBERT D. ZSALMAN 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.
Enclosure
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