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NAVY | BCNR | CY2014 | NR11884 14
Original file (NR11884 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

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10 December 2014

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

SS EE

REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.6.C. 1552

Enel: (1) DD Form 149 dtd 14 Jan 14 w/attachments
(2) Subject’s service record (CD rom)

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), which was issued on 8 January 2014.

>. The Board, consisting of Messrs. Hedrick and Lippolis and
Ms, Wilcher, reviewed allegations of error and injustice on 9
December 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 Marine Corps and entered a
period of active auty on 8 July 2013. He was not the subject of
any disciplinary action. He was diagnosed with Scheuermann’ s
kyphosis (chronic lower back pain). He was then processed for
administrative separation due to a condition, not a disability.
On 8 January 2014, he was discharged from active duty with an
uncharacterized entry level separation due to a condition, not a
disability (Schevermann’s kyphosis) , and assigned an RE-4
reentry code.

c. On 13 May 2014, a former Army orthopedic surgeon
diagnosed Petitioner as being fit to perform active duty service
and his Scheuermann’s kyphosis to be asymptomatic.

dG. Petitioner could have been assigned a waivable RE-3G
(condition, not a disability) reentry code.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
particularly in light of the Army orthopedic surgeon’s
diagnosis, 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 no longer appropriate in this
case due to his current diagnosis and exemplary service record.
The Board believes the RE-3G reentry code is now the appropriate
code. 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 8 January 2014, 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 if the future.

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.

. £_—

TJ REED
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

behalt ot the Secretary of the Navy.

ROBERT J. O'NEILL
Fxecutive Director

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