Docket No: 8441-20 
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  
  (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 
 (c) MILPERSMAN 1160-030 
 
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-1” reentry code.    
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 19 February 2021 and, pursuant to its regulations, determined 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 on 10 July 2012, and after serving honorably during his first enlistment, he reenlisted on 16 May 2016.  On 3 April 2017, he received nonjudicial punishment (NJP) for drunk, reckless operation of a vehicle.  On 12 June 2017, Petitioner received a second NJP for failure to obey an order.  On 5 February 2020, although the NJP documentation is not in his official military personnel file, the record indicates he received a third NJP for failure to obey an order and offenses by a sentinel/lookout.  At the completion of his required active service, on 15 November 2020, Petitioner was discharged with an honorable characterization of service and assigned a RE-4 (not recommended for reenlistment) reentry code.   
 
 c.  On 27 March 2020, Petitioner’s periodic Evaluation Report (EVAL) for the period of 16 March 2019 to 15 March 2020 reflected he received an individual trait average of 2.43, a promotion recommendation of “significant problems,” and was not recommended for retention.  In his detachment EVAL of 5 November 2020, for the reporting period of 16 March 2020 to 15 November 2020, Petitioner received a 2.71 individual trait average, a “progressing” promotion recommendation, and was not recommended for retention.   
 
 d. Petitioner contends his commanding officer (CO) approved his conditional release on 19 June 2020 in order to enlist in the U.S. Army.  He further contends the CO’s signature was “both an understanding and an agreement to the Army authorizing the start of the transitioning process” and now the assignment of the RE-4 reentry code has “put an extreme halt to the transitioning process.”  Petitioner also contends he was told by his command that “it was out of their hands and could not be changed” even though the “lead representative at personnel support detachment said they were indeed capable to do so.”   
 
 e. Reference (c) provides that a service member, regardless of paygrade, warrants assignment of a RE-4 reentry code if not recommended for retention.  Further, an E-5 or below that receives any mark of 1.0 or below (in any trait) within one year of end of active service warrants assignment of a RE-4 reentry code.   
 
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 the CO’s approval of Petitioner’s conditional release in order to pursue enlistment with the U.S. Army.  Further, the Board noted Petitioner’s honorable characterization of service after eight years of naval service despite his negative EVALs which authorized assignment of a RE-4 reentry code.  In the interest of justice, the Board determined Petitioner’s request for a RE-1 (recommended for reenlistment) reentry code should be granted in order to allow him to pursue enlistment with the U.S. Army.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a change to his DD Form 214, indicating his reentry code as “RE-1.”  
 
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.