Docket No. 3859-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER  , USNR,   XXX-XX- 
 
Ref: (a) 10 U.S.C. §1552 
     (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of  Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25 July 2018 
 
Encl: (1) DD Form 149 with attachments 
      (2) Case Summary   
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect a change in his reentry code.         
 
2.  The Board, consisting of      reviewed Petitioner's allegations of error and injustice on 17 March 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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 enlisted in the Navy and began a period of active duty on 26 April 1991.  After completion of nine years, five months, and six days, Petitioner was discharged with an Honorable characterization of service on 1 October 2000, by reason of reduction in force.  On 17 May 2003, Petitioner enlisted in the Navy Reserve.  Unfortunately, the documents pertinent to Petitioner’s administrative separation are not in his official military personnel file (OMPF).  However, based on Petitioner’s Administrative Remarks (Page 13), Petitioner was discharged on 16 August 2005 with a “General (under honorable conditions)” characterization of service by reason of “Unsatisfactory Participation” and assigned a “JHJ” separation code and “RE-4” reenlistment code.  
 
     c.  On 19 October 2012, the Naval Discharge Review Board (NDRB) reviewed Petitioner’s request for correction of his naval record.  The NDRB noted Petitioner provided credible evidence in the form of NAVRES Form 1571/13 Annual Training Release or Cancellation Request, indicating that he requested a waiver to miss scheduled drills in Fiscal Year 2005.  The waiver was endorsed on 21 July 2005 with final approval on 15 September 2005.  Petitioner was discharged on 16 August 2005.  The NDRB further noted it would appear there was a lapse in communication between the approving chains of commands.  The NDRB concluded after a thorough review of the records, supporting documents, facts, and circumstances unique to the case, discerned an impropriety in the discharge action.  In this regard, the NDRB changed Petitioner’s character of service to “Honorable” and narrative reason for separation to “Secretarial Authority.”  The NDRB has no jurisdiction over reenlistment, or reentry into the Naval service. 
 
     d.  Petitioner contends that he has a signed waiver that was routed through his command that ensured he would have a satisfactory year. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of Petitioner’s circumstances.  Additionally, the Board reviewed Petitioner’s application under the guidance provided in reference (b).  Specifically, the Board considered whether Petitioner’s application was the type that was intended to be covered by this policy.  
 
In light of reference (b) and applying liberal consideration, the Board determined that the record shall be corrected.  The Board concludes Petitioner’s record shall be changed to reflect a “RE-1” reentry code to allow him to pursue reenlistment in the naval service as a reservist.    
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner be issued a new Page 13 indicating his reentry code as “RE-1.”  
 
No further action be granted. 
 
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. 
 
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.