Docket No: 3291-20 
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 (NR20200003291) 
 
1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect a reentry (RE) code of RE-3E rather than an RE-4.   
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 2 June 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.  Although the enclosure as 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 and started a period of active duty on 3 October 2016.  On 28 October 2016, Petitioner was recommended for administrative separation based on an unspecified depressive disorder, a condition which existed prior to service. 
 
    d.  On 18 November 2016, Petitioner was notified of administrative separation against him, on the basis of Defective Enlistments and Inductions.   
 
    e.  On 2 December 2016, Commanding Officer, RTC recommended Petitioner’s administrative separation on the basis of a disqualifying psychiatric condition that affects his potential for the performance of expected duties and responsibilities while on active duty, and pose a risk if he is retained in naval service.    
 
    f.  Petitioner was discharged from the Navy on 9 December 2016, on the basis of Erroneous Entry and received a reentry (RE) code of RE-4. 
 
    g.  In his application for correction, Petitioner requests a change to his RE-4.  He seeks an RE-3E so that he may pursue re-entry into the Navy.  Petitioner provides a brief in support of his application and contends that his administrative separation was based on a misevaluation of his pre-service adolescent psychiatric treatment.    
 
     h.  The Board considered Petitioner’s request for a change to his RE-4, and noted that Petitioner’s RE-4 appears to be predicated on a 72 hour stay at a treatment facility when Petitioner was 16 years old.  
 
CONCLUSION: 
 
The Board found that in light of Petitioner’s assertions that his administrative separation was based on a misevaluation of the treatment he received in his adolescence, and his desire to seek re-entry, the Board determined that Petitioner is entitled to a change to his RE code to reflect an RE-3E. 
 
The Board found that Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) should be changed to reflect an RE-3E. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner’s naval record be corrected to show that on 9 December 2016, Petitioner was issued an entry level separation and received an RE-3E.  
 
That Petitioner be issued a new DD Form 214.   
 
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 16 April 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.