DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2819-11
1 April 2011
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
NAVAL RECORD
Ref: (a) Title 10 0.6.0. 1852
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.
2. The Board, consisting of Mr. Butherus, Ms. Henkel, and Ms.
Countryman, reviewed Petitioner's allegations of error and
injustice on 30 March 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 22 September 2004.
On 18 November 2004 he was diagnosed with mild persistent asthma.
On 2 December 2004, 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
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.
T
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes Petitioner’s request warrants favorable action.
The Board believes that the reason for discharge should be
changed to erroneous entry since Petitioner was unaware of his
condition when he was accepted for enlistment.
The Board also concludes that an RE-3E reentry code should be
assigned since there is no evidence that Petitioner had 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 2
December 2004 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.
ROBERT D. ZSALMAN WV
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.
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