DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4072-19  
Ref:   Signature Date  

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

Ref:  (a) 10 U.S.C. §1552 
      (b) USD Memo of 25 Aug 17 “ClarifyingGuidance to Military Discharge Review Boards and Boards for                 Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment” 

Encl: (1) DD Form 149 with attachments 

1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) requesting to change the reentry code on her Certificate of Release or Discharge from Active Duty (DD Form 214).  

2.  The Board, consisting of      , reviewed Petitioner's allegations of error and injustice on 14 May 2020, 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, relevant portions of her naval service and medical records, and applicable statutes, regulations, 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.  The Petitioner enlisted in the Navy and began a period of active service on 4 April 2017.  Following initial recruit training, Petitioner was stationed at the                             .  

c.  Unfortunately, the administrative separation (Adsep) documents are not in the Petitioner’s electronic service record.  However, based on the information contained on the DD Form 214, the command initiated Adsep proceedings by reason of convenience of the government due to a condition, not a disability, of such severity as to render the Petitioner incapable of serving adequately in the naval service.  Based on Petitioner’s years of service, she was not entitled to an Adsep board, and the lowest eligible discharge characterization possible was honorable, unless a general (under honorable conditions) was warranted.  Ultimately, on 21 November 2018, Petitioner was discharged from the Navy with an honorable discharge and an RE-4 reentry code.  The Board specifically noted on Petitioner’s DD Form 214 that the narrative reason for separation was “Condition, Not a Disability,” (CND) and the separation code was “KFV,” which corresponds to an Adsep case involving a CND. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  Additionally, the Board reviewed her application under the guidance provided in reference (b).  Specifically, the Board considered whether her application was the type that was intended to be covered by this policy. 

The Board determined a change to Petitioner’s reentry/reenlistment code is warranted to “RE­3G.”  This reentry code corresponds to:  “condition (not physical disability) interfering with the performance of duty,” and is the appropriate designation in the Petitioner’s case absent any evidence to the contrary. The Board noted that the RE-3G reentry code may not prohibit reenlistment, but requires that a waiver be obtained. Recruiting personnel are responsible for determining whether Petitioner meets the standards for reenlistment and whether or not a request for a waiver of the reentry code is feasible.
 
Despite the fact that the Adsep records were not in the service record, the Board relied on a presumption of regularity to support the official actions of public officers.  In the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumed she was properly processed for separation and discharged from the Navy, and concluded such separation was in compliance with all Navy directives and policy at the time of her discharge. 

RECOMMENDATION: 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

That Petitioner’s reentry/reenlistment code be changed to “RE-3G.” 

That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 

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

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 12 April 2019.  

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a trueand complete record of the Board’s proceedings in the above entitled matter. 

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.