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) USD Memo of 25 Aug 17 “Clarifying Guidance to Military Discharge Review   
        Boards and Boards for Correction of Military/Naval Records Considering Requests 
       by Veterans for Modification of their Discharge Due to Mental Health Conditions,  
       Sexual Assault, or Sexual Harassment” 
   (c) USECDEF Memo of 25 Jul 2018 “Guidance to Military Discharge Review Boards  
    and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or     Clemency Determinations” 
 
Encl:   (1) DD Form 149 with attachments 
 (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) requesting a change to her reentry code following her separation for an erroneous enlistment while still in initial recruit training.  Enclosures (1) and (2) apply.   
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 20 November 2020, and, pursuant to its regulations, determined that 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 her naval service and medical records, and applicable statutes, regulations, 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. Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to review the application on its merits. 

c. Regarding Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered his case based on the evidence of record. 

d. The Petitioner enlisted in the Navy and began a period of active service on 10 August 2016.  On her pre-enlistment physical paperwork, the Petitioner denied any neurological or psychological conditions or symptoms in her medical history.  

e. On 7 September 2016, the Petitioner underwent a mental health examination at the Recruit Evaluation Unit (REU) after a provider in the female wellness clinic noticed scars on Petitioner’s arm.  The REU provider noticed multiple scars on both arms and both legs that were self-inflicted.  The REU determined that Petitioner had a disqualifying mental health condition for service in the Navy due to her history of self-mutilation as evidenced by multiple scars.  The REU clinical psychologist diagnosed Petitioner with a personal history of self-harm and she recommended an entry level administrative separation (ELS) due to Petitioner’s disqualifying psychiatric condition or behavior.   
 
f. On 15 September 2016, Petitioner was notified of administrative separation by reason of an erroneous enlistment as evidenced by a physical or mental condition that existed prior to entry into the naval service.  The Petitioner consulted with counsel and submit a rebuttal statement, but waived the right to request General Court-Martial Convening Authority review of her separation.  Ultimately, the Petitioner was discharged on 4 October 2016 with an uncharacterized ELS for an erroneous enlistment and assigned an “RE-4” reentry code. 
 
g. In support of her request, the Petitioner stated that she is currently enrolled in college working on her Associates Degree in Medical Assisting, and has earned Dean’s List honors while maintaining a grade point average above 3.0.    
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board reviewed her application under the guidance provided in references (b) and (c).  Specifically, the Board considered whether her application was the type that was intended to be covered by these policies, 
 
In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was unduly harsh given her circumstances and creates an unnecessary negative inference.  The Board noted that the “RE-4” reentry code is assigned in Navy when the service member is ineligible for reenlistment.  However, the Board determined that the Petitioner should be given an opportunity to demonstrate that she is currently without psychological or behavioral issues and is otherwise fit to pursue a Navy career.  
 
Accordingly, the Board granted the primary specific relief as requested by Petitioner, namely to change and/or upgrade her reentry code.  The Board concluded after reviewing the record holistically, and given the totality of the circumstances and purely as a matter of clemency, that the reentry code should change to “RE-3E.”  In the Navy, the “RE-3E” reentry code is a waivable code and corresponds to “inducted, enlisted, extended, or reenlisted in error,” and is the 
proper reentry code for certain erroneous enlistment cases.  The Board concluded that recruiting personnel will be responsible for determining whether Petitioner meets the standards for reenlistment and whether or not her reenlistment is feasible given her previous and/or current mental health.  The Board further concluded that the revised reentry code is the correct code based on Petitioner’s circumstances, and is proper and in compliance with all Navy directives and policy at the time of her discharge.   
 
RECOMMENDATION:  
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action to her DD Form 214. 
 
That Petitioner’s reentry code be changed to “RE-3E.”       
 
That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 
 
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 17 January 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 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.