DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01123-12
28 November 2012
From: Chairman, Board for Correction of Naval Records
Los Secretary of the Navy
Subj: REVIEW OF — or RECORD OF >,
Ref: (ja) 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 United States Navy, filed
enclosure (1) with this Board requesting, in effect, that his
record reflect a change in his reentry code issued on 22 May
1997, from RE-4 (not recommended for retention) to RE-3G
condition (not physical disability) interfering with performance
of duty in block 27 of his DD Form 214 (Certificate of Release
or Discharge from Active Duty).
2. The Board, consisting of Mr. Lacroix, Mr. Rothlein, and Mr.
Vogt, reviewed Petitioner's allegations of error and injustice
on 28 November 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, and
enclosures (1) through (3).
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 did not exhaust
all administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy on 19 February 1997. He
served honorably until 22 May 1997, when he was administratively
separated after having been diagnosed with chronic
conjunctivitis. On 22 May 1997, he received an uncharacterized
entry level separation and was assigned an RE-4 reentry code.
The Command could have assigned an RE-3G reentry code which is
specifically used for temporary medical conditions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes that he could have been assigned an RE-3G
reentry code due to a temporary medical condition. The Board
believes it is no longer in his best interest to have the more
restrictive and stigmatizing RE-4 code.
In view of the foregoing, the Board finds the existence of an
error warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
his reentry code from “RE-4" to “RE-3G” and a Certificate of
Release or Discharge from Active Duty (DD Form 215) be issued.
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 the 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.
rane Haoogt
ROBERT D. ZSALMAN BRIAN J. GEORGE
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
behalf of the Secretary of the Navy.
BRIAN J. GEORGE
By direction
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