Docket No. 7177-19
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 
      (b) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of           Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations,” of 25           July 2018 
 
Encl:   (1) DD Form 149 with attachments 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure requesting a change to his reentry code following his separation due to a reduction in force in 1995.    
 
2.  The Board, consisting of       , reviewed Petitioner's allegations of error and injustice on 10 July 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, and although the application was not filed by Petitioner in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. 

b. The Petitioner enlisted in the Navy and began a period of active service on 28 August 1989.  On 
8 August 1995, the Petitioner was discharged with an honorable characterization of service and transferred to the Navy Reserve, and he was assigned an RE-4 reentry code.  On Petitioner’s DD Form 214, the narrative reason for separation states, “Reduction in Force.”  At the time of discharge, Petitioner’s overall trait average in conduct as documented on periodic performance evaluations was 3.9 out of a possible 4.0.     
 
c. On 23 August 1997, the Petitioner was discharged from the Navy Reserve with an honorable characterization of service.  On Petitioner’s Record of Discharge from the U.S. Naval Reserve (NAVPERS 1070/615), it states that he was recommended for reenlistment.     
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.   
 
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 determining whether 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 citizens 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.  The Board noted that the “RE-4” reentry code is assigned in the Navy when the service member is ineligible for reenlistment.  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.  With that being determined, the Board concluded that no useful purpose is served by assigning him an RE-4 reentry/reenlistment code, especially in light of the Petitioner’s continued service in the Navy Reserve, for which he received an honorable discharge in August 1997 and was recommended for reenlistment. 
 
Accordingly, the Board granted the specific relief as requested by Petitioner, namely to change his reentry code.  The Board concluded after reviewing the record holistically, and given the totality of the circumstances and as a matter of clemency, that the reentry code should change to “RE-1.”   
 
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 reentry code be changed to “RE-1.”       
 
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 23 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. 
 
 
8/20/2020


Executive Director