Docket No: 5665-20 
              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  
    (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for correction of Naval Records (Board) requesting a change to Block 27 (Reentry Code) of her Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosure (2) applies. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 16 September 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, 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 enclosure (1) was 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 began a period of active duty on 15 January 2008.  On 11 September 2008, Petitioner received nonjudicial punishment (NJP) for two specifications of absence without leave, for absences from 19 to 23 July 2008, and 25 August to 5 September 2008.    
 
    d.  On 29 September 2008, Petitioner acknowledged that she was not eligible for reenlistment due to the assignment of a reentry (RE) code of RE-4, and that the assignment of a restrictive RE code was being made to that effect in her service record. 
 
    e.  Petitioner was discharged from the Navy on 29 September 2008, on the basis of Misconduct (Minor Infractions), and received a general characterization of service and an RE-4 reentry code.. 
 
    f.  In her application for correction, Petitioner states that during her time in the Navy, she was spending a lot of time between her parents’ house and her duty station.  She states that her command saw this as an issue and she was given the opportunity to sign a release that would allow her to go home.  She contends that being young and naïve, she did not read or know exactly what she was signing.  She states that she is now at the point in her life when she would like to serve.  She is more mature and older, and fully committed to service, but cannot do so because of the RE code and her separation.   
 
    g.  Petitioner provides letters of support from her cousin (a first lieutenant in the Army) and a former shipmate. 
     
CONCLUSION: 
 
The Board considered Petitioner’s request for a change to her RE-4 reentry code and to her separation code of “JKN.”  The Board took into consideration the mitigating factors of Petitioner’s youth, her personal circumstances, and the relatively minor nature of her misconduct.  The Board also weighed Petitioner’s desire to return to military service.   
 
The Board determined that given the misconduct reflected in Petitioner’s September 2008 NJP, Petitioner is not entitled to an RE-1.  However, the Board found that given Petitioner’s youth, her short period of service in the Navy, and her desire to return to military service, she is entitled to an RE-3, which denotes her eligibility for reenlistment except for a disqualifying factor.  The Board noted that an RE-3 does not preclude Petitioner from pursing re-enlistment, and is a code that can be waived.  The Board noted that although the RE-4 was not issued in error, Petitioner is entitled to partial relief in the form of a change to her RE code from RE-4 to RE-3, to correct an injustice.  The Board found that Petitioner is not entitled to a change to the separation code of “JKN” which denotes Misconduct (Minor Infractions) since Petitioner’s record reflects two periods of unauthorized absences, on which her discharge was based. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 29 September 2008, Petitioner was separated from the Naval service by reason of “Misconduct (Minor Infractions),” received a general characterization of service, and assigned an RE code of RE-3. 
 
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 13 August 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.