DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
            
Docket No: 2363-20           
Ref: Signature Date  

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

Subj:   REVIEW OF NAVAL RECORD OF 

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

Encl:  (1) DD Form 149 (NR20190002363)
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting a change to his reentry (RE) code. 

2.  The Board, consisting of                                                , reviewed Petitioner's allegations of error and injustice on 7 April 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 his naval service 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.  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 Reserve in 2014, for a period of eight years.  His evaluation for the period of 16 June 2017 to 15 March 2018, rated him at 3.14 and recommended his retention.   

    d.  In February 2019, Petitioner received an MRI for left shoulder pain following a snowboarding accident.  On 7 March 2019, he was issued a Duty Limiting Condition Report with no PCS, TDY, or deployment for the remainder of the profile.   

    e.  Petitioner was discharged from the Navy Reserve on 7 October 2019, due to Unsatisfactory Participation in the Ready Reserve.  He received a general characterization of service and an RE­4 re-entry code.

    f.  Petitioner requests a change to his RE code from RE-4 to RE-3 so that he may return to military duty.  He states that he was on track to be deployed to          but was injured and removed from the mobilization.  He asserts that at the time he was removed, he was “drilled out” for fiscal year 2019 and could not do anything until he had surgery and healed.  He further asserts that due to his injury, he was unable to return to work.  He moved three times during that year and was never informed that he was being processed for separation.  His intention is to return to active duty.  He asserts that he is willing to do whatever it takes to get back to serving our country proudly.  

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board noted that Petitioner’s record does not appear to reflect an error since the RE-4 was supported by his unsatisfactory participation in the Reserve. However, the Board considered that Petitioner was a solid performer prior to his snowboarding accident and weighed his desire to return to military duty.  The Board also took into account Petitioner’s medical circumstances during his period of unsatisfactory participation and his personal challenges with three different moves in one year.  The Board determined that Petitioner is entitled to a change to his RE-4 to address an injustice.  Given his medical issues while in a drilling status, the Board found that an RE-1 is not appropriate. The Board concluded that he is entitled to a change to his RE code from RE-4 to RE-3.  Accordingly, the Board found that his discharge documents from the Navy Reserve should be changed to reflect an RE code of RE-3.  
In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner’s naval record be corrected to show that on 7 October 2019, Petitioner was discharged from the Navy Reserve with a general characterization of service and an RE-3 re­entry code. 

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 26 February 2020. 

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. 

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. 


4/24/2020