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 with attachments 
    (2) Case summary 
    (3) Record of Discharge dtd 18 DEC 19 
       
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 reentry code be corrected to allow him to return to active drilling reserves. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 December 2020, and, pursuant to its regulations, determined 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.  Petitioner enlisted in the Navy on 24 March 2004.  After serving honorably, he was discharged on 23 May 2009 at the completion of required active service.  
 
     c.  On 24 May 2009, Petitioner reenlisted in the Naval Reserves.   
 
     d.  On his periodic Evaluation Report for 16 March 2014 to 15 March 2015, Petitioner was recommended for retention.   
 
     e.  On 21 May 2015, Petitioner was transferred from  to .”   
 
     f.  On 12 September 2017, Petitioner submitted a copy of his Individual Ready Reserve (IRR) Annual Screening.  On the screening, he marked that he would be able to report to a mobilization site within 30 days if recalled to active duty.  Petitioner also added a note that stated “I would like to mobilize or return to active duty and or drilling reservist.”   
 
    g.  On 5 December 2019, Petitioner was discharged from  on the expiration date of his reenlistment contract.  The Navy Standard Integrated Personnel System (NSIPS) reflects a RE-1 (eligible for reenlistment) reentry code.   
 
    h.  Petitioner’s Record of Discharge from the U.S. Navy Reserve (Inactive), used on 18 December 2019, states he is “not recommended for reenlistment.”  Enclosure (3). 
 
    i.  Petitioner contends he was unjustly forced out of the Navy Reserves “for the amusement of my racist supervisor and his friends.”   
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.    
 
The Board, noting there is no indication in Petitioner’s record that he is not eligible for reenlistment, concluded the Record of Discharge (Enclosure (3)) issued on 18 December 2019 incorrectly stated he was not recommended for reenlistment.   
 
Having determined Petitioner’s Record of Discharge incorrectly stated he was not recommended for reenlistment, the Board did not consider Petitioner’s contention of injustice.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s Record of Discharge (Enclosure (3)) be removed from the record. 
 
Petitioner be issued a new Record of Discharge from the U.S. Navy Reserve (Inactive) which reflects he was discharged on 5 December 2019 with an honorable characterization of service and recommended for reenlistment.   
 
Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future.  This includes all information systems/data base entries that reference or discuss the material being expunged.   
 
No further changes be made to Petitioner’s record. 
 
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 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.