DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1260-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) 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) with a request to change his reentry/reenlistment code on his Certificate of Release or Discharge from Active Duty (DD Form 214) from RE-4 to a code that would allow him to reenter the Armed Forces of the United States. 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 enclosure, relevant portions of his naval service records, and applicable statutes, regulations, 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. The Petitioner enlisted in the Navy and began a period of active service on 6 September 2016. In September 2018, the Petitioner was caught cheating on an open book exam, and in early October 2018, the Petitioner went to non-judicial punishment (NJP) for failing to obey a lawful order or regulation, and for making a false official statement (both with regard to the aforementioned cheating). On 9 October 2018, the Petitioner was disqualified for duty under the Personnel Reliability Program based on this NJP. c. Unfortunately, the administrative separation documents are not in the Petitioner’s service record. Accordingly, the Board relied on a presumption of regularity to support the official actions of public officers and, given the Petitioner’s narrative reason for separation, separation authority, and corresponding separation code as stated on his DD Form 214, the Board presumed that the Petitioner was properly processed and discharged from the Navy by reason of misconduct due to the commission of serious offense, and properly separated for his misconduct. Ultimately, on 5 November 2018, Petitioner was discharged with a general (under honorable conditions) characterization of service, and assigned a reentry code of RE-4. The narrative reason for Petitioner’s separation listed on his DD Form 214 was “Misconduct -Other.” CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request merits relief, given the totality of his circumstances. Additionally, the Board reviewed his application under the guidance provided in reference (b). Specifically, the Board considered whether his application was the type that was intended to be covered by this policy. The purpose of the Under Secretary of Defense Memorandum (reference (b)), is to ease the process for Veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determiningwhether relief is warranted on the basis of equity, injustice, or clemency.” The memorandum noted that “increasing attention is being paid to…the circumstances under which itizens should be considered for second chances and the restoration of rights forfeited as a result of such convictions,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The memorandum sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief. In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was unjust and unduly harsh, given his circumstances, and creates an unnecessary negative inference. With that being determined, the Board concluded that no useful purpose is served by assigning him an RE-4 reentry/reenlistment code, which acts as an impediment to his reenlistment. The Board noted that an RE-3 reentry code is authorized by regulatory guidance and appropriately assigned when a service member is otherwise eligible for reenlistment, except for a disqualifying factor. The Board noted that the RE-3 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. The Board concluded that the RE-3 reentry code is the correct reentry code based on the Petitioner’s overall circumstances and the narrative reason for separation as stated on his DD Form 214. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. That Petitioner’s reentry/reenlistment code be changed to “RE-3” on his DD Form 214. 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.