DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5668-17 FEB 25 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy filed enclosure (1) with this Board requesting that his reentry code (RE) be corrected and upgraded to at least an RE-3. Enclosures ( 1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 3 October 2018 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 Petitioner's naval 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. c. Petitioner enlisted in the Navy on 1 November 1995. On 11 December 1995, Petitioner was diagnosed with chondromalacia left knee. As a result of this diagnoses, on 18 December 1995, he was administratively discharged with an uncharacterized entry level separation and assigned a reentry code of RE-4. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined that Petitioner's request warrants partial relief. The Board concludes that the evidence of record does not support the assignment of an RE-4 reenlistment code and that the record should be corrected to appropriately reflect an RE-8 reenlistment code. In view of the foregoing, the Board finds the existence of an error and injustice warranting 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 indicate that on 18 December 1995, he was assigned an "RE-8" reenlistment code. 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 27 June 2017. 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. Executive Director