DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6862-13
28 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: .
REVISE RD
Ref: {a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 20 Jun 13
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 his reentry code of RE-4 (not recommended for
retention).
2. The Board, consisting of Ms. Henkel and Messrs. Rothlein and
Zsalman, reviewed allegations of error and injustice on 23 July
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 9 June 2008. He was not the subject of any
disciplinary action. However, he injured his toe while
undergoing recruit training. He was then recommended for
administrative separation due to failed medical/physical
procurement standards. On 10 July 2008, he was discharged with
an uncharacterized entry level separation due to failed
medical/physical procurement standards, and assigned an RE-4
reentry code. He could have been assigned a waivable reentry
code of RE-3G (condition (not physical disability) interfering
with performance of duties).
c. Petitioner states that he wants to reenlist in the Armed
Forces after dealing with family problems and completing more
than two additional years of education.
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 his injury while
undergcing recruit training. 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 10 July 2008, he 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 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. GEORGE
Recorder Acting Recorder
2. 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.
RSS So
ROBERT D. ZSALMAN
Acting Executive Director
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