DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12993-10
21 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: ETT: soap nad REVIEW
OF NAVAL R
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149
1, Pursuant to the provisions of reference (a), Petitioner filed
enclosure (1) with this Board requesting his naval record be
corrected by changing the reentry code he was assigned on 18 July
2008.
2, The Board, consisting of Mr. Pfeiffer, Mr. Garst, and Mr.
Grover, reviewed Petitioner's allegations of error and injustice
on 20 January 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. Petitioner enlisted in the Navy on 19 June 2008. At the
moment of truth at Recruit Training Command he revealed a
childhood injury to his arm. On 18 July 2008, he received an
uncharacterized entry level separation by reason of his failure
to meet medical/physical procurement standards and was assigned a
reentry code of RE-4.
c. Applicable directives require the assignment of an RE-4
reentry code when a Sailor is discharged for failing to meet
medical/physical procurement standards. A Sailor who is found to
be not physically qualified for enlistment may, in the
alternative, be separated by reason of erroneous entry and
assigned a reentry code of RE-3E or RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes that Petitioner states
he never had any problems with his arm. Consequently, the Board
believes that the reason for discharge should be changed to
erroneous entry since Petitioner was possibly forced into
revealing erroneous information.
The Board also concludes that an RE-3E reentry code should be
assignbd since there is no evidence that Petitioner*haf any
performance or 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
18 July 2008 he received an entry level separation by reason of
erroneous entry and was assigned a reentry code of RE-3E.
b. 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.
lee, se
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.
W. DEAN PFE
Executive Dikec
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