DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 17-14
8 April 2014
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj:
Se ae
Ref: (a) Title 10 U.S.C. 1552
Encl: (1} Subject’s ltr did 12 Sep 13 w/attachments
(2) BCNR dec doc BJG Doc #: 11617-09 dtd 8 Mar 10
(3) NDRB rpt dtd 26 Jun 09
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 reinstating him on
active duty effective 21 September 2007, advancement to pay
grade E-5, and full back pay and allowances. In the
alternative, he requested changing his Certificate of Release or
Discharge from Active Duty (DD Form 214), block 27 (Reentry
Code) of “RE-4” (Not Recommended for Retention) to RE-1
(Recommended for Retention). On 2 March 2010 (enclosure (2)),
this Board denied his application.
2. The Board, consisting of Ms. Bianchi and Messrs. Dixit and
Gattis, reviewed allegations of error and injustice on 1 April
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 entered active duty
on 30 January 2007. While at his “C” school, he disclosed that
he had a pre-existing diagnosis of post gastrectomy/dumping
syndrome. This condition interfered with the performance of his
duties. He was recommended for administrative separation due to
his diagnosed condition. On 21 September 2007, he received a
general characterization of service due to his condition, not a
disability, and was assigned an RE-4 reentry code. He could
have been assigned a waivable RE-3G (Condition, Not a
Disability) reentry code.
c. On 7 May 2009, the Naval Discharge Review Board (NDRB)
upgraded Petitioner's characterization of service to honorable,
however, it concluded that his narrative reason for separation
(Condition, Not a Disability) to be correct. The NDRB found
there was no misconduct or other reason for his general
characterization of service.
d. Petitioner has now submitted evidence that he had his
diagnosed condition corrected with surgery.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of Petitioner's recent surgery, the Board
finds the existence of an injustice warranting limited
corrective action.
The Board finds no basis to reinstate Petitioner on active duty,
promote him to pay grade E-5, or award him full back pay and
' allowances. The Board particularly notes that at the time of
his separation, he had a condition, not a Gisability, that
interfered with the performance of his duties. The Board finds
an injustice in him having an RE-4 reentry code and believes a
waivable RE-3G is more appropriate in his case. In view of the
above, the Board directs the following partial corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by changing
his RE-4 reentry code, which was issued on 21 September 2007, to
RE-36G,
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.
a. That no further relief be granted.
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
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.
~ RQ D, ee
ROBERT D. ZSALMAN
Acting Executive Director
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