From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 1. Pursuant to the provisions of the reference, Petitioner, filed the enclosure with this Board requesting that his RE-4 reentry code be changed to RE-1 on his Certificate of Release of Discharge from Active Duty (DD Form 214), so that he may be allowed to participate in the Air Force Reserve. He is alleging he was separated for Unsatisfactory Participation, when he satisfactorily participated as a Navy reservist. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 16 September 2019, and pursuant to its regulations, determined that the partial 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 his naval records, 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 enlisted in the Navy and began a period of active service on 12 July 2000. On 20 April 2005, he was discharged to the Navy Reserve, with an Honorable discharge, pursuant to a reduction in force. On 6 June 2008, he was recalled to active duty and discharged to the Navy Reserve on 9 October 2009. Petitioner continued as an actively participating Navy reservist and reenlisted to the Navy Reserve on 6 June 2010. On 6 June 2012, he received a separation letter from the Navy Reserve that cited unsatisfactory participation and issued a General discharge, but attached no documentation of unsatisfactory participation. When he requested his records, his records contained those of another Sailor, who was discharged for unsatisfactory participation. c. Petitioner submitted evaluations that showed he completed a 2012 annual tour in during field exercise training. He also trained many troops at the range to qualify for Navy requirements. He attached tax returns from DFAS in 2012 that showed he was paid almost $4000.00 from DFAS. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. Additionally, the Board reviewed his application under the guidance provided in the reference. Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner’s naval record be corrected to show that he received an Honorable discharge from Navy Reserve on 6 June 2012 with a RE-1 reentry code. All documentation in Petitioner’s records that belongs to any other Sailors be removed from his records. A copy of this Report of Proceedings be filed in Petitioner’s naval record. No further relief be granted. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 22 October 2018. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.