Docket No: 7258-20
Ref: Signature Date                                                                                                       
Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 25 January 2021.   The names and votes of the panel members will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 22 April 2014.  Your service record contains a performance evaluation from 16 February 2015 to 15 July 2015, which noted that you were serving as a Logistics Specialist, but lacked proper military bearing and required corrections on a daily basis.  Your record notes that on 10 October 2015, you were transferred to Transient Personnel Unit, and were subsequently processed for separation.  Although your complete administrative separation package is not reflected in your available service record, your Certificate of Release or Discharge from Active Duty (DD Form 214) states that you were discharged from the Navy on 21 October 2015, on the basis of a Condition not a Disability, and received an honorable discharge and reentry (RE) code of RE-4.  Your separation authority was MILPERSMAN 1910-120, and block 25 of your DD Form 214 references Commanding Officer’s letter of 8 October 2015. 
 
In your application to the Board, you request that your RE-4 code be changed to RE-3G.  You state that the RE-4 was erroneously assigned to you and an RE-3G is proper when an individual is discharged on the basis of a condition not a disability.     
 
The Board carefully considered your request and took into account your contention that an RE-4 was erroneously assigned to you.  The Board noted that the separation authority of MILPERSMAN 1910-120, Separation by Reason of Convenience of the Government- Physical or Mental Conditions, and a narrative reason for separation of Condition, Not a Disability do not mandate the assignment of an RE-3G vice an RE-4.  An RE code is used to determine a servicemember’s eligibility for continued service after the most recent termination of his or her contracted period.   Although an RE-3G may be assigned for a condition (not physical disability, interfering with the performance of duty), the Navy has the discretion to assign an RE-4 for servicemember’s found ineligible for reenlistment.  Absent information such as in-service or post-discharge medical records or treatment information to establish that the Navy was erroneous or unjust in determining that you were ineligible, the Board applied the presumption of regularity, and found that the Navy was warranted in determining that your situation was such that you were ineligible for reenlistment.  Accordingly, the Board found that your RE-4 does not appear to have been assigned in error or unjustly, and concluded that corrective action is not warranted.   
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
 Sincerely,