From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER USN, 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 “RE-3” reentry code. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 17 February 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 5 January 2011. On 2 November 2015, Petitioner received non-judicial punishment (NJP) for failure to obey a lawful order. On 3 January 2017, Petitioner was informed that he was not eligible for reenlistment in the Individual Ready Reserve (IRR). Petitioner’s Evaluation Report and Counseling Record (EVAL) ending 10 January 2017 was submitted reflecting Petitioner failed a Physical Fitness Assessments (PFA) two or more times in most recent three-year period. Although Petitioner’s administrative separation documentation is not in his official military personnel file (OMPF), based on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), Petitioner was administratively separated on 10 January 2017, with an honorable characterization of service by reason of weight control failure and assigned a RE-4 reenlistment code. c. Petitioner states that this request is made to allow him the possibility of reentering the naval service as a reservist once other requirements and waivers are met or granted. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. The Board reviewed the application under the guidance provided in reference (b). The Board noted Petitioner’s honorable characterization of service after six years of naval service despite his subsequent EVAL reflecting his PFA failures which authorized assignment of a RE-4 reentry code. In the interest of justice, the Board determined Petitioner’s DD Form 214 shall be changed to reflect a RE-3P reentry code should be granted in order 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 DD Form 214 indicating his reentry code as “RE-3P.” 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. 2/27/2021 Executive Director