DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

					JRE
										Docket No. 07538-06 
										10 October 2006

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

Subj	FORMER       REVIEW OF NAVAL
RECORD

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

Encl:	(1) DD Form 149
(2)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he received a more favorable reentry code than RE-4. He contends that he his formerly disqualifying medical condition has been corrected, and that he would like the opportunity to reenlist, which is precluded by his present reentry code of RE-4.

2 The Board consisting of Ms and Messrs  and reviewed Petitioners allegations of error and injustice on 28 September 2006, 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 2.

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.	Petitioner served on active duty in the Navy from 17 August to 2 September 2005, when he was discharged for failing to meet medical procurement standards due to a cataract in his left eye. He was assigned a reentry code of RE-4, as required by governing directives.
c.	Petitioner has submitted records which indicate that the cataract has been extracted.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board concludes that it is unjust for Petitioner to bear the stigma associated with a reentry code of RE-4, which will effectively preclude his reentry in the Armed Forces. Accordingly, it finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was discharged by reason of erroneous enlistment on 2 September 2005, and assigned a reentry code of RE-3E.

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

									W. DEAN PFEIFFER
						Executive Director