DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5849-11
9 March 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ental eI C0
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting a change of his narrative reason for separation,
(Fraudulent Entry Into Military Service) and RE-4 (Not
recommended for Reenlistment) reentry code. By implication, he
requests a change of his separation code (JDA - Fraudulent
Entry).
5
2. The Board, consisting of Mr. Clemmons, Ms. White-Olson and
Mr. Lacroix, reviewed Petitioner's allegations of error and
injustice on 7 March 2012 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. Although it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
Statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 14 November 2007 at age
18. During his enlistment, he served without disciplinary
incident. On the Report of Medical History and Report of Medical
Examination, dated 17 August 2007, he declared he had anterior
cruciate ligament (ACL) surgery on his right knee. Based on the
information currently contained in his record it appears that he
was subsequently involuntarily processed for an entry Level
separation by reason of fraudulent entry on 18 December 2007, due
to failure to disclose his knee surgery.
d. In Petitioner's application, he states, in part, that his
record should not reflect fraudulent entry because he told the
recruiter about the ACL surgery and the recruiter told him that
paperwork from his doctor indicated he was medically qualified
for recruit training.
e. It appears that Petitioner should have been separated by
reason of “Erroneous Entry” and assigned a waivable RE-3E reentry
code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the errors reflected in the narrative reason for
separation “Fraudulent Entry Into Military Service (Other)”,
separation code “JDA” and reentry of code “RE-4”" (Not Recommended
for Reenlistment), on his DD Form 214, and as such concludes that
corrective action is warranted. Specifically, that his DD Form
214 should be corrected by changing the narrative reason EOL
separation to “Erroneous Entry (Other)”, separation code to “JFC"”
and reentry code to “RE-3E”
(Inducted/Enlisted/Extended/Reenlisted im Bere) .
Based on the foregoing, and considering the fact that Petitioner
has suffered the consequences of not having a DD Form 214 which
reflects a correct characterization and reentry code, the Board
concludes that these errors warrant relief.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected as follows,
and that he be issued a new DD Form 214:
(1) Correct block 26 Separation Code to “JFC” wice “JDA" .
(2) Correct block 27 Reentry Code to “RE-3E"” vice RE-4.
(3) Correct block 28 Narrative Reason for Separation to
“Erroneous Entry (Other)” vice “Fraudulent entry”.
b. That any material or entries inconsistent with or relating
to the Board’s recommendation be corrected, removed or completely
expunged from Petitioner’s record and that no such entries or
material be added to the record in the future.
c. That any material directed to be removed from Petitioner's
naval record be returned to this Board, together with a copy of
this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of 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.
Cron |) aoa
ROBERT D. ZSALMAN BRIAN J. EORGE
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 Regulation, 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
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behalf of the Secretary of the mts
W. E.
Executive Di
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