1
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00533-14
19 March 2014.
From: Chairman, Board for Correction of Naval-Recerds— --
To: Secretary of the Navy
0 a:
Ref: {a) 10 U.S.C. 1552
Enel: (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 the
narrative reason for separation (Fraudulent entry into military
service (other)) and the RE-4 reentry code issued on 17 February
2009, be upgraded.
2. The Board, consisting of Mr. Bey, Ms. Lapinski, and Mr.
Storz, reviewed Petitioner's allegations of error and injustice ©
on 12 March 2014, and, pursuant to its regulations, determined
that the partial 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. Petitioner enlisted on 20 January 2009. He had no
Gisciplinary actions during his period of service. On 2
February 2009, he was diagnosed with scoliosis which existed
prior to his enlistment (EPTE). He was administratively
separated and received an uncharacterized entry level separation
by reason of fraudulent entry into the military service (other)
on 17 February 2009, and assigned an RE-4 reentry code. He
could have been assigned an RE-3G (Condition (not physical
disability) interfering with performance of duty) reentry code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board determined it would be in the interest of justice to
change the narrative reason for separation to “(Condition (not
physical disability) interfering with performance of duty)”, his
separation code be changed to the appropriate code and his
reentry code should be changed to “RE-3G" vice “RE-4".
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 17 September 2009, he was assigned an RE-3G reentry code vice
the RE-4 reentry code that was actually assigned on that date.
b. That the narrative reason for discharge in block 28 of
Petitioner's DD Form 214 be changed from FRAUDULENT ENTRY INTO
MILITARY SERVICE to CONDITION NOT A PHYSICAL DISABILITY
INTERFERING WITH THE PERFORMANCE. OF DUTY and that an appropriate
change be made to the Petitioner’s separation code in block 26.
c. That no further relief be granted.
d. That a copy of this report of proceedings be filed in his
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. Anagh
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.
| ROBERT D. ZSALMAN
Acting Executive Director
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