DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7386-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) SECDEF memo, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD,” of 3 September 2014 (c) PDUSD memo, “Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records by Veterans Claiming PTSD or TBI,” of 24 February 2016 (d) PDUSD memo, “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,” of 25 August 2017 Encl: (1) DD Form 149 w/attachments (2) Advisory Opinion, MLCS Docket No: NR20180007386 of 10 Jul 19 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that the Board correct the reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 November 2019 and, pursuant to its regulations, determined 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 service records, and applicable statutes, regulations, and policies, as well as the enclosed advisory opinion (AO) from a qualified Navy mental health provider. Enclosure (2). 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 regulation within the Department of the Navy. b. Petitioner enlisted in the Navy on 12 December 2006. His performance evaluation from 16 July 2008 to 15 June 2009 states that he was “[e]xceptional Sailor who continually demonstrates limitless potential and is ready for additional responsibilities.” There is no indication of poor performance or misconduct in Petitioner’s record. His record is incomplete in that it does not contain the documents pertaining to his administrative discharge. His DD Form 214, however, reflects that he was administratively discharged with an honorable characterization of service due to a condition, not a disability, and assigned a RE-4 (not recommended for reenlistment) reentry code on 30 September 2009. c. Petitioner contends he was assigned a RE-4 reentry code due to “failure to adjust” even though he excelled in the first years of his enlistment. Petitioner explains that he experienced the “combined blows of first responding to his mother’s attempted suicide” the day before reporting to Field Medical Training Battalion and losing a close friend in . As a hospital corpsman, Petitioner recognized he was under a high level of stress and was suffering from depression, so he sought help from Fleet and Family Support. When it was apparent he needed more, he reported to sick call, where he was subsequently given a psychological evaluation. Petitioner contends that, while in service, he had a reputation for dedication and commitment to hard work. He further contends that he continues to volunteer by mentoring and supporting junior Sailors and Marines and has been appointed to a position with a Veterans’ Resource Group. In support of his request to change his reentry code, Petitioner submitted advocacy letters from a retired officer and a retired Marine Corps sergeant. d. As part of the Board’s review, a qualified Navy mental health provider reviewed Petitioner’s assertions and available records and provided the enclosed AO. The AO noted that Petitioner did not submit any records indicating his mental health symptoms had resolved. The AO concluded that there was insufficient evidence to attribute his reentry code to error, and that additional post-service medical records describing the remission of Petitioner’s mental health symptoms and an extended period of stability are required to render a medical opinion. The AO was forwarded to Petitioner for review and comment on 15 July 2019, and he was given 30 days in which to submit a response. When he did not respond, his case was presented to the Board for review. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief. Applying liberal consideration and noting that Petitioner had not committed misconduct but had recognized the mental stressors he was experiencing, the Board determined that the assignment of an unwaiverable reentry code was unjust because an appropriate, waiverable reentry code was available. Specifically, based on Petitioner’s lack of misconduct or documented poor performance, the Board determined that a RE-3G (condition, not physical disability, interfering with the performance of duty) reentry code was an appropriate reentry code based on the available evidence. RECOMMENDATION: In view of the above, the Board directs the following corrective action: Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) to indicate he was assigned a “RE-3G” reentry code on 30 September 2009. 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 22 August 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 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.. 12/31/2019