Docket No: 1303-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER  
            
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 with attachments 
        (2) letter of 27 Dec 12 
        (3) letter of 18 Sep 18 
 
1.  Pursuant to the reference, Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting the Board change his 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 31 October 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, as well as 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 and began a period of active service on 24 October 2012.  On 26 November 2012, the Recruit Evaluation Unit recommended Petitioner receive an entry level separation (ELS) due to a disqualifying psychiatric condition.  Subsequently, he was notified of pending administrative action by reason of fraudulent entry (failure to disclose his pre-service psychiatric conditions).  After he waived his procedural rights, the discharge authority directed an uncharacterized ELS due to fraudulent entry.  On 14 December 2012, he was discharged and assigned a RE-8 (temporary medical conditions) reentry code. 
 
 d.  Petitioner contends he was not informed of all enlistment requirements prior to boot camp.  Specifically, he contends that he was not informed of the requirement to be off medication for two years prior to entry.  Petitioner contends that during his third week of boot camp, he injured his left knee.  He reported to medical, and the corpsman discovered, while prescribing medication to Petitioner for the swollen knee, that Petitioner had taken medications for Attention Deficit Hyperactivty Disorder (ADHD) in the two years prior to entry. 
 
      e.  Petitioner submitted enclosure (2), a letter from his former physician.  The physician explained that Petitioner had been treated for ADHD, Pervasive Developmental Disorder, and mood disorder but “since 2010 or earlier he had no treatment and was also not being treated for any chronic respiratory illnesses.”  The physician further stated that “as his former physician, I see no reason that he would be excluded from joining and successfully concluding training in the U.S. military.”  In support, Petitioner also submitted his childhood medical records. 
 
     f.  Petitioner submitted enclosure (3), a letter detailing his current medical condition.  The attending physician stated “based on spirometry, history, and physical exam”, there is no evidence of bronchial asthma. 
 
    g.  Petitioner further contends that “despite seven long years, I still have the will, confidence, and determination to serve in the armed forces.”  He contends he is a hard worker, and is known to have a dedicated, can-do demeanor.  He provided advocacy letters in support of his contention from past employers and a college counselor. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noting enclosures (2) and (3), concluded that, in the interest of justice, assignment of a RE-1 reentry code was warranted. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That 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-1” reentry code on 14 December 2012. 
 
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 16 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.