Docket No: 10476-19 
Date:  Ref Signature       
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER  ,              XXX-XX-, USMC 
 
Ref:   10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 with attachment 
       (2) DD Form 214 
      
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that the reentry code of RE-3P on his DD Form 214 (enclosure (2)) be change to facilitate his reenlistment.    
 
2.  The Board reviewed Petitioner’s allegations of error and injustice on 26 August 2020 and, pursuant to its regulations, determined by a majority vote 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 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 the 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 Marine Corps and began a period of active duty on 16 April 2012.  On 29 June 2016, Petitioner was discharged with an honorable characterization of service.  Enclosure (2) reflects the reason for Petitioner’s separation as “disability, severance pay, combat related (enhanced),” and his reentry code of RE-3P.  Petitioner’s service record did not contain any details regarding the circumstances of his disability or separation processing. 
   
     d.  Petitioner asserts in enclosure (1) that “it has been three years since [his] injury and [he is] fully healed.”  Petitioner was evaluated in the   on 29 October 2019.  According to a letter provided by the Chief of Podiatry on that date, the purpose of the examination was to determine Petitioner’s fitness for duty for the purpose of reenlistment.  This letter further asserted that Petitioner has “essentially normal function of [his left ankle]” and that Petitioner “should be qualified physically for re-enlistment.”   
 
MAJORITY CONCLUSION: 
 
Upon review and consideration of the evidence provided by the Petitioner, the Majority found that Petitioner provided sufficient evidence to support an adjustment to his current reentry code.  The Majority relied upon the evaluation of the  in reaching this conclusion.  Accordingly, the Majority found that Petitioner is entitled to adjustment of his reentry code from RE-3P to RE-1, to allow the Petitioner to pursue reenlistment.    
 
MAJORITY RECOMMENDATION: 
 
In view of the above, the Majority recommends the following corrective action: 
 
That Petitioner be issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting a reentry code of RE-1. 
 
That no further changes be made to Petitioner’s record. 
 
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 4 November 2019. 
 
MINORITY CONCLUSION:  
 
The Minority found that Petitioner did not provide sufficient evidence to support adjustment to his current reentry code.  It also noted that Petitioner’s current reentry code does not preclude his reenlistment, but rather flags his record for further review and could require a waiver to permit reenlistment.  Accordingly, the Minority found that no adjustment should be made to Petitioner’s reentry code.     
 
MINORITY RECOMMENDATION: 
 
The minority determined that no change is warranted to the Petitioner’s record. 
 
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 this matter. 
 
5.  The foregoing action of the Board is submitted for your review and action.  
 
  
Assistant General Counsel (Manpower and Reserve Affairs) 
 
 
Reviewed, Majority Recommendation Approved (Change Reentry Code to RE-1)                                                                 
 
or 
 
Reviewed, Minority Recommendation Approved (No Change, Reentry Code remains RE-3P)        
                                                              
    
12/21/2020