Docket No: 10052-19 
Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER  USN, XXX-XX- 
 
Ref:    (a) 10 U.S.C. § 1552  
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
   
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 the Board correct his Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect a reentry code that would allow for reenlistment. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 9 October 2020, 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 naval service 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 review the application on its merits.   
 
 c.  Petitioner enlisted in the Navy on 27 July 2010.  On 28 September 2010, he was diagnosed with panic disorder without agoraphobia.  Subsequently, Petitioner was notified of pending administrative separation action due to erroneous enlistment as evidenced by a condition that existed prior to entry.  After he waived his procedural rights, Petitioner’s commanding officer directed an uncharacterized entry level separation by reason of failed medical procurement standards.  Petitioner was discharged on 5 November 2010 and assigned an RE-4 (not recommended for reenlistment) reentry code.      
 
 d.  Petitioner contends he was erroneously classified as having anxiety.  Specifically, he contends he was suffering from flu-like symptoms which caused him to miss muster calls and leave formation in order to vomit.  Petitioner further contends the assigned RE-4 reentry code is unjust because he does not suffer from a mental illness or another pre-existing condition. Petitioner provided supporting documentation from a psychologist who evaluated him on 17 June 2019.  Based on the evaluation, the psychologist stated he did not find evidence of a current or past psychiatric disorder.  Lastly, Petitioner contends an RE-4 is generally reserved for those who commit “egregious acts” or have a “serious medical issue which prevents effective performance.”  In support of his request, Petitioner also provided seven advocacy letters describing his character, especially in stressful situations, and emphasizing their beliefs that Petitioner was misdiagnosed with anxiety and a panic disorder.    
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes Petitioner’s request warrants relief.   
 
The Board, applying liberal consideration, determined the assignment of an unwaiverable reentry code was unjust when an appropriate, waivable reentry code was available.  Specifically, based on the lack of misconduct and the psychological evaluation conducted post-discharge, the Board determined an 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 Change to Certificate of Release or Discharge from Active Duty (DD Form 215) indicating his reentry code as “RE-3G.”  
     
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 October 2019. 
 
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. 
 
12/16/2020
Executive Director