From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER , XXX-XX- 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 (2) Case Summary 1. Pursuant to the provisions of reference (a), Petitioner, a former Seaman Apprentice in the Navy, filed enclosure (1) with a request to change his reentry/reenlistment code. Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 25 September 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 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. Although enclosure (1) was not filed in a timely manner, it is in the interests of justice to review the application on its merits. c. The Petitioner initially enlisted in the Navy and began a period of active service on 6 December 2006. Petitioner’s enlistment physical and medical history noted no neurological or psychological conditions or symptoms. Petitioner also specifically answered “no” on his medical history in response to the question asking whether he had any skin diseases. d. On 13 April 2007 at the USS Medical Clinic, Naval Hospital , Petitioner was diagnosed with: (1) periostitis, unresponsive to therapy; (2) left ankle instability, unresponsive to treatment; and (3) psoriasis. The Petitioner stated during the examination that his diagnosed conditions were asymptomatic at his enlistment physical and not treated by a physical pre-service. The Petitioner was recommended for an entry level medical separation due to medical conditions that existed prior to entry. e. On 19 April 2007 Petitioner was notified of administrative processing by reason of defective enlistments and inductions due to an erroneous enlistment. The Petitioner’s commanding officer (CO) noted that Petitioner’s medical condition was potentially correctible to meet Navy standards, however, the CO stated that Petitioner failed to disclose a history of medical treatment prior to entry into the naval service. On 1 May 2017 the Petitioner was discharged with an uncharacterized entry level separation (ELS) for fraudulent enlistment. f. Petitioner contends that his RE-4 reentry code was unjust and argues that a misdiagnosis led to his ELS discharge. Petitioner also contends that he has had no symptoms or signs of psoriasis since leaving the Navy, and that he is requesting to have his reentry code changed so he can be considered for enlistment in the U.S. Army. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded 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 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. In this regard, the Board determined that Petitioner’s assigned reentry/reenlistment code was unjust 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 code. 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 (including the absence of any continued issues relating to the medical conditions that formed the basis for Petitioner’s separation) and purely as a matter of clemency, that the reentry code should change to “RE-1.” The Board also observed that there are material errors on Petitioner’s DD Form 214 related to the ELS. The Petitioner was notified for an administrative separation for erroneous enlistment, however his DD Form 214 reflects a discharge for a fraudulent enlistment. The Board concluded that certain additional remedial administrative changes are warranted to the DD Form 214. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting 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) for the period ending 1 May 2007, to indicate the following: Block 25: MILPERSMAN 1910-130 Block 26: JFC Block 27: RE-1 Block 28: ERRONEOUS ENTRY (OTHER). Following the corrections to the DD-214 for the period ending 1 May 2007, that all other information currently listed on such DD-214 remain the same. 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 8 October 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. Microsoft Office Signature Line...