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NAVY | BCNR | CY2013 | NR4339 13
Original file (NR4339 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 4339-13 .
16 September 2014

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

cb): es

REVIEW OF NAVAL RECORD
Ref; {a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 10 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, to change her reentry code of RE-4 (not recommended for
retention), which was issued on 19 October 2012.

2. The Board, consisting of Messrs. Exnicios, Grover, and
Ivins, reviewed allegations of error and injustice on i0
September 2014, and pursuant to its regulations, determined that
relief should be granted. 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 entered a period of
active duty on 26 November 2002. She was not the subject of any
disciplinary action. On -19 September 2012, she was diagnosed
with an adjustment disorder and depressed mood. He was then
recommended for administrative separation due to her diagnosed
adjustment disorder. On.19 October 2012, she was discharged
with an honorable characterization of service in pay grade E-6
due to a condition, not a disability, and assigned an RE-4
reentry code. ,
c. Petitioner could have been assigned an RE-3G (condition,
not a disability, interfering with performance of duty) reentry
code.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board finds the existence of an injustice warranting a change of
Petitioner's reentry code. The Board believes an RE-4 reentry
code is not appropriate in this case due to her exemplary
service record. The Board believes the waivable RE-3G reentry
code would have been the correct code in this. case. In view of
the above, the Board directs the following corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that
on 19 October 2012, she was issued an RE-3G reentry code vice
the RE-4 now of record.

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 ina
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.

BRIAN J. ‘GEORGE
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 J. O'NEILL
Executive Director

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