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NAVY | BCNR | CY2014 | NR3780 14
Original file (NR3780 14.pdf) Auto-classification: Approved
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BOARD FOR CORRECTION OF NAVAL RECORDS

Jo. $. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

HCG
Docket No: 3780-14

19 December 2014

 

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

subj: an OF NAVAL RECORD QE? CSN,

Ref: (a) 10 U.S.C. 1552.

Encl: (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 Navy, filed enclosure (1) with this
Board requesting: that his RE-4 {not recommended for reenlistment)

reentry code be changed.

2. The Board, consisting of Mr. Grover, Mr. Rothleim, and

Mr. Clemmons, reviewed Petitioner's allegations of error and
‘injustice on 10 December 2014 and, pursuant to its regulations,
determined that the partial corrective action indicated below
should be taken on the available eviaence 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 available under existing law and
regulations within the Department of the Navy.

b. Enclosure (1) was not filed in a timely manner, however,
the board found it in the interest in justice to view the case on

its merit.

 ¢. ~=petitioner enlisted in the Navy and began a period of
active duty on 28 November 2006. During his enlistment, he was
diagnosed with musculoskeletal. Subsequently, administrative
discharge action was initiated by reason of convenience of the
government due to 4a condition, not a disability. After being
afforded all of his procedural rights, his commanding officer
directed his separation, and on 13 August 2008, he was honorably
discharged due to the diagnosed medical condition. At that time —
“he was assigned an RE-4 reentry code, which means he was not
recommended for reenlistment. He could have been assigned an
RE-3G, which means he had a condition, not a physical or mental
| disability, which interfered with his performance of duty.

d. With his application, the Petitioner provided two letters
from physicians stating that he is now physically fit and cleared |
to return to duty, and four character letters.

CONCLUSION: a 4 .

Upon ‘review and cons‘ideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
corrective action.

The record reflects that Petitioner was properly discharged.
Specifically, he was diagnosed with a.medical condition that was
temporary. Consequently, he received and RE-4 reentry. However,-
to allow for the opportunity for further service, the Board _ :
concludes that the record should be corrected to show he received
an RE-3G reentry code. The RE-3G reentry code may not prohibit —
reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for reviewing the
feasibility of satisfying the Navy's personnel manning goals by
determining whether or not an individual meets the standards for
reenlistment. If he wishes to reenlist, re-affiliate, or be |
reinstated in the Navy, he should contact the Navy Recruiting
Command via his nearest recruiting facility. In view of the
above, the Board recommends the following partial corrective
action,

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show that
on 13 August 2008, he was assigned an RE-3G reentry code vice the
RE-4 actually issued on that date.

b. That no further relief be granted.

c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.

ad. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received on
7 February 2014.
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.

 

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 J. 0! NETLL
Executive director

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