DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5996-19 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 17 “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 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) requesting a change to his reentry code following his separation for a fraudulent enlistment while still in initial recruit training. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 June 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 his naval service and medical 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 2 August 2016. On his enlistment physical, the Petitioner noted no neurological or psychological issues in his medical history. c. On 2 September 2016, the Petitioner underwent a mental health examination at the Recruit Evaluation Unit (REU). The Petitioner was diagnosed with a major depressive disorder, recurrent, moderate with a personal history of self-harm. The REU clinical psychologist determined that Petitioner’s mental health conditions existed prior to entry, and he recommended an entry level administrative separation (ELS) dueto Petitioner’s disqualifying psychiatric condition or behavior. d. On 14 September 2016, Petitioner was notified of administrative separation by reason of a fraudulent enlistment as evidenced by a deliberate material misrepresentation, omission, or concealment of a condition or circumstances that existed prior to entry into the naval service. The Petitioner waived his rights to consult with counsel, submit a rebuttal statement, and to request General Court-Martial Convening Authority review of his separation. Ultimately, the Petitioner was discharged on 28 September 2016 with an uncharacterized ELS and assigned an “RE-4” reentry code. e. In support of his request, the Petitioner provided a copy of his post-service Associates Degree diploma, numerous professional course completion certificates, and a May 2019 medical opinion stating that he is without any psychological, mental, or emotional issues. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief. The Board reviewed his application under the guidance provided in references (b) and (c). Specifically, the Board considered whether his application was the type that was intended to be covered by these policies. In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was unduly harsh given his circumstances and creates an unnecessary negative inference. The Board noted that the “RE-4”reentry code is assigned in the Navy when the service member is ineligible for reenlistment. However, the Board observed that the Petitioner provided a May 2019 medical opinion stating that the Petitioner is currently without psychological or emotional issues and is fit to pursue his educational and workplace goals. Accordingly, the Board granted the primary specific relief as requested by Petitioner, namely to change and/or upgrade his reentry code. The Board concluded, after reviewing the record holistically, and given the totality of the circumstances and purely as a matter of clemency, that the reentry code should change to “RE-1J,” along with making other conforming changes to his DD Form 214. The Board concluded that recruiting personnel will be responsible for determining whether Petitioner meets the standards for reenlistment and whether or not his reenlistment is feasible given his current mental health. The Board further concluded that the revised reentry code is the correct code based on Petitioner’s current circumstances, and is proper and in compliance with all Navy directives and policy at the time of his discharge. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action to his DD Form 214. 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 the reentry code be changed to “RE-1J.” 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 6 July 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.