DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5177-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of the reference, Petitioner, a former Marine, 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 14 November 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 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 entered active service in the Marine Corps on 9 June 2014. On 17 June 2014, he was counseled by his commanding officer regarding the assignment of a RE-3P (failure to meet physical/ medical standards) reentry code due to a medical condition affecting his foot. His record is incomplete in that it does not contain the documents pertaining to his administrative discharge but, based on his DD Form 214, it appears that after being afforded all of his procedural rights, the separation authority directed an uncharacterized entry level separation by reason of convenience of the government due to a condition, not a disability. On 24 June 2014, Petitioner was discharged and assigned a RE-3P reentry code. d. Petitioner contends his reentry code warrants upgrade to a RE-1 (recommended for reenlistment) because the medical condition he was separated for does not pose any limitations for military service. Petitioner provided supporting medical documentation indicating surgery for the prominent bunion is not a requirement as it does not impact daily life. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board, applying liberal consideration to the medical assessment provided in support of his request, determined the continued assignment of a RE-3P reentry code was unjust. RECOMMENDATION: In view of the above, the Board directs the following corrective action: 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 24 June 2014. No further changes be made to Petitioner’s record. A copy of this report of proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 16 May 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 Regulation, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.