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NAVY | BCNR | CY2014 | NR5748 14
Original file (NR5748 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 5748-14
26 June 2015

From: Chairman, Board for Correction of Naval Records

Toe Secretary of the Navy

Subj: REVIEW NAVAL RECORD Of 7 USN,
RRs cP

Ref: (a) 10 U.S.C. 1582

(b) OPNAVINST 1160.5C

Enel: (1) DD Form 149
(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 a change in his RE-4 (Ineligible for

reenlistment) reentry code which was issued on 6 August 2004.

2. The Board, consisting of

GWM, ceviewed Petitioner's allegations of error and injustice
on 27 May 2015 and, pursuant to its regulations, determined that
the 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 available under existing law and
regulations within the Department of the Navy.

b. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
TAL
Docket No: 5748-14

c. Petitioner reenlisted on 1 March 2003, after more than
16 years of prior satisfactory service. From 4 February through
7 June 2004, he was the subject of mental health evaluations and
treatment for a situational phobia, fear of heights. The
health care provider stated in part, that while demonstrating
moderate improvement in concurrent symptoms of depression and
generalized anxiety, he continues to have significant anxiety
related to his fear of heights and occupational impairment due
to this phobia. As such he was recommended for an
administrative separation.

d. Petitioner was notified of pending administrative
separation by reason of convenience of the government due to a
condition not a disability. On 6 August 2004, he was discharged
with an honorable characterization of service and assigned a
reentry code of RE-4.

CONCLUSION :

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board determines that no useful purpose is served
by assignment of the reentry code of RE-4, and that the RE-3G
code more accurately reflects the circumstances of his service.
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 6 August 2004, he was issued an RE-3G reentry code.

b. That a copy of this Report of Proceedings be filed in
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.

Me

STEVEN J. NEAL
Recorder
TAL
Docket No: 5748-14

5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction Or
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. O'NEILL
Fxecutive Director

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