Docket No: 7945-20  
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    REVIEW NAVAL RECORD OF FORMER XXX-XX, USN  
 
Ref:    (a) 10 U.S.C. § 1552  
 
Encl:  (1) DD Form 149 (NR20200007945) 
 
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 (RE) code of RE-4 be changed.  Reference (a) applies. 
 
2.  Although Petitioner’s 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 Petitioner’s application on 23 November 2020.  The names and votes of the panel members will be furnished upon request.  Petitioner’s 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 the enclosure, relevant portions of Petitioner’s 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 served honorably in the Navy from 26 February 2008 to 25 February 2012.  His final performance evaluation for the period ending 25 February 2012, reflects an Individual Trait Average of 3.43 and a notation of “Not Recommended” for Retention.  Petitioner’s record reflects that prior to his discharge, on 1 January 2012, he was marked at 1.0 in “Military Bearing” and was ineligible for reenlistment until passing a Physical Fitness Assessment (PFA).     
 
    c.  Petitioner was discharged from the Navy with an RE-4. 
 
    d.  Petitioner asks that his RE-4 code be changed and states that he believes it was assigned mistakenly.  Petitioner contends that he had a clean record and the incorrect code is an insult to his service. 
    
    e.  The Board reviewed Petitioner’s available service record and carefully considered Petitioner’s contentions. 
   
CONCLUSION: 
 
The Board noted that Petitioner’s record reflects a Physical Fitness Assessment (PFA) failure prior to his discharge and Administrative Remarks from January 2012, indicating Petitioner’s ineligibility for reenlistment.  The Board concluded that the RE-4 was issued without error on the basis of the PFA failure, but found that as a matter of justice, Petitioner is entitled to corrective action to reflect an RE-3F.   
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to reflect that he was discharged on 25 February 2012, on the basis of the Completion of Required Active Service and received an honorable discharge and an RE-3F. 
 
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 3 November 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. 
                                                                             
1/7/2021
Executive Director