DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 No: 1163-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) USD memo of 25 Aug 2017, “ClarifyingGuidance 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” (c) USECDEF memo of 25 Jul 2018, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” Encl: (1) DD Form 149 w/ attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting a change to her reentry code from RE-4 to RE-3 on her Certificate of Release or Discharge from Active Duty (Form DD 214). This relief impliedly requests concomitant changes to her separation authority, separation code, and narrative reason for separation. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 19 March 2020, 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 her naval service and medical records, applicable statutes, regulations, policies, and an advisory opinion (AO) from a qualified mental health provider. 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. The Petitioner enlisted in the Navy and began a period of active service on 25 September 2018. On 26 September 2018, the Petitioner was evaluated at the Recruit Evaluation Unit (REU). The Petitioner was diagnosed with unspecified depressive disorder, unspecified anxiety disorder, unspecified attention-deficit/hyperactivity disorder, and suicidal ideations and gesture. All medical conditions existed or occurred prior to her enlistment. The medical officer recommended Petitioner’s entry-level separation (ELS) due to disqualifying psychiatric conditions or behaviors affecting her potential for performance of expected duties and responsibilities while on active duty, and because she posed a risk if retained in the Navy. c. On 11 October 2018, Petitioner was notified of administrative action to separate her from the naval service by reason of defective enlistment and induction due to fraudulent entry into the Navy, as evidenced by deliberate material misrepresentation or concealment of a medical condition or circumstances that existed prior service. The Petitioner waived her rights to consult with counsel, submit a rebuttal statement, and for General Court-Martial Convening Authority review of the discharge. Ultimately, the Petitioner was discharged on 23 October 2018 with an uncharacterized ELS discharge and assigned an “RE-4” reentry code. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. Additionally, the Board reviewed her application under the guidance provided in references (b) and (c). Specifically, the Board considered whether her application was the type that was intended to be covered by these policies. In this regard, the Board felt that there is an injustice to label one’s discharge as being for obtaining a fraudulent enlistment by failing to disclose a history of outpatient counseling, treatment, and medication related to multiple mental health issues. Describing Petitioner’s service in this manner is unduly harsh and attaches a considerable negative and unnecessary stigma, and fundamental fairness and medical privacy concerns dictate a change. With that being determined, the Board concluded that no useful purpose is served by continuing to label the Petitioner’s discharge as being associated with mental health-related conditions and fraud, and certain remedial administrative changes are warranted to the DD Form 214. The Board determined a change to Petitioner’s reentry/reenlistment code is warranted to “RE­3G.” This reentry code corresponds to: “condition (not physical disability) interfering with the performance of duty,” and is the appropriate designation in certain mental health cases absent any evidence to the contrary. The Board noted that the RE-3G reentry code may not prohibit reenlistment, but requires that a waiver be obtained. Recruiting personnel are responsible for determining whether Petitioner meets the standards for reenlistment and whether or not a request for a waiver of the reentry code is feasible. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. That Petitioner’s separation authority be changed to “MILPERSMAN 1910-164,” the separation code be changed to “JFF,” the narrative reason for separation should be changed to “Secretarial Authority,” and that the reentry/reenlistment codebe changed to “RE-3G.” That Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty. 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 15 January 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.