From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD   
 
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  
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former Lance Corporal in the Marine Corps Reserve, filed enclosure (1) with a request to change her reentry/reenlistment code.  Enclosures (1) applies.   
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 10 July 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 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 initially enlisted in the Marine Corps and began a period of active service on 26 October 2009.  Upon completion of initial recruit and pipeline training, she received an honorable characterization of service and ultimately was assigned to a reserve unit in .  In 2011, and again in 2014, Petitioner mobilized and served on active duty.  Petitioner’s 2011-2012 mobilization was in support of  and she served nearly five months in .     


c. However, during her second mobilization, on 17 December 2014 Petitioner went to non-judicial punishment (NJP) for making a false official statement with the intent to deceive an investigating officer.  As punishment, she was reduced in rank to Lance Corporal (E-3).  Petitioner did not appeal her punishment.   

d. On 5 October 2015, Petitioner was transferred to the Individual Ready Reserve (IRR).  On 21 July 2017, at the completion of her required service, the Petitioner was assigned an RE-4B reentry code.  In the Marine Corps, the RE-4B code means “Assigned when there is a military or civil record of in-service drug involvement and there is no potential for further service.”  However, there is no drug-related misconduct in the Petitioner’s service record.  


CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of her circumstances. 
   
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 purpose of the Under Secretary of Defense Memorandum (reference (b)), is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.”  The memorandum noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited as a result of such convictions,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.”  
 
The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was erroneous and creates an unnecessary negative inference.  With that being determined, the Board concluded that no useful purpose is served by assigning her an RE-4B reentry/reenlistment code, especially in light of the Petitioner’s two mobilizations, one of which was in support of .     
 
Accordingly, the Board granted the specific relief as requested by Petitioner, namely to change her reentry code.  The Board concluded after reviewing the record holistically, and given the totality of the circumstances and purely as a matter of clemency, that the reentry code should change to “RE-1A.”   
 
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-1A” on any and all documentation in her service record and in all information systems/database entries reflecting a discharge and/or separation date of 21 July 2017.  
 
 
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 23 June 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 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.