DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 4107-13
19 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD ‘
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Apr 13 w/attachments
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing his
reentry code of RE-4 (not recommended for reenlistment), issued
on 21 February 2013, to RE-1 (recommended for reenlistment).
Since his discharge is less than 15 years old, he may apply to
the Naval Discharge Review Board for a possible upgrade of his
characterization of service and a change of his narrative reason
for separation.
2. The Board, consisting of Mses. Aldrich and Tolleffson and
Mr. Grover, reviewed allegations of error and injustice on 18
March 2014, and pursuant to its regulations, determined that the
limited 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy and began a period of
active duty on 12 September 2012. He was not the subject of any
disciplinary actions during his enlistment. He was diagnosed
with a condition, not a disability, which interfered with. the
performance of his duties. In his final evaluation, he was
recommended for retention. Based on his diagnosed condition, he
was administratively processed for separation. On 21 February
2013, he received a general characterization of service due toa
condition, not a disability, and was assigned an RE-4 reentry
code.
c. A waivable RE-3G (condition, not a disabidaty) reentry
code could have been assigned to Petitioner.
CONCLUSION:
Upon review and consideration of all the evidence“of record, the
Board concludes that Petitioner’s case has merit and warrants
partial corrective action. The Board particularly notes his
lack of a disciplinary record and recommendation for retention.
However, in light of his diagnosed condition, the Board finds
that an RE-1 reentry code would be inappropriate. The Board
concludes that a waivable RE-3G reentry code would be
appropriate in his case. In view of the above, the Board
directs the following limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by
changing the reentry code of RE-4 issued on 21 February 2013 to
RE-36G.
b. That no further relief be granted.
c. 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.
ad. 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.
ROBERT D. ZSALMAN - ‘BRIAN ‘J. CROhGE
‘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.
ROBERT D. ZSALMAN
Acting Executive Director
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