DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100CRS
Docket No: 7449-05
23 January 2007

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

Subj:	REVIEW OF NAVAL RECORD 

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

End:	(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subjects 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, in effect, that his naval record be corrected
by changing the RE-4 reenlistment code assigned on 28 February 1994.

2. The Board, consisting of Messrs. reviewed Petitioner’s allegations of error and injustice on 18 January 2007 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.	Enclosure (1) was filed in a timely manner. Although it appears that Petitioner’s application 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.

c.	Petitioner enlisted in the Navy on 5 January 1994.

d.	On 18 February 1994 Petitioner was diagnosed with chronic ear infections.

e.	On 28 February 1994 he received an entry level separation by reason of “failed medical/physical procurement standards.” At that time, Petitioner was assigned a reenlistment code of RE-4, which means that he is not recommended for reenlistment.

f.	Applicable directives state that only an RE-4 reenlistment code can be assigned for “failed medical/physical procurement standards.” However, an RE-3E reenlistment code may be assigned when an individual is enlisted in error.

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. The Board believes that the reenlistment code RE-3E, while not specifically authorized when an individual is separated for “failed medical/physical procurement standards,” should now be assigned since his record does not warrant the most stigmatizing reenlistment code of RE-4. A code of RE-3E will alert recruiting personnel that there was a problem which must be resolved before reenlistment is authorized.

RECOMMENDAT ION:

a.	That Petitioner’s naval record be corrected to show that on 28 February 1994, Petitioner was assigned an RE-3E reenlistment code instead of the RE-4 reenlistment code actually assigned on that date.

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 in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

4.	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	ALAN E. GOLDSMITH
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.

ROBERT D. ZSALMAN
Acting Executive Director