From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX USMC 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), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect a change in his reentry code. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 31 March 2021, and pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 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. Petitioner enlisted in the Marine Corps and began a period of active duty on 12 December 2016. On 11 March 2019, Petitioner was issued an administrative remarks (Page 11) counseling concerning deficiencies in his performance. Specifically, his failure of the physical fitness test conducted on 7 March 2019. Petitioner was provided recommendations for corrective action. On 22 November 2019, Petitioner was issued a Page 11 counseling annotating his assignment to the Marine Corps Body Composition Program (BCP). On 11 March 2020, Petitioner was issued his second Page 11 counseling concerning deficiencies in his performance. Specifically, his failure of the physical fitness test conducted on 6 March 2019. Subsequently, Petitioner was honorably discharged from the Marine Corps upon completion of his required active obligated service on 11 December 2020, and assigned an RE-3P reenlistment code. c. Petitioner contends that he filled out a “DD 368” that was signed 10 September 2020 listing a RE-1A reenlistment code. There is no paperwork in his official military personnel file (OMPF) stating the reason for the RE-3P reenlistment code that is documented on his Certificate of Release or Discharge from Active Duty (DD Form 214). Petitioner further states, the reenlistment code was given because he was on the BCP when he discharged from the Marine Corps, he never failed the BCP, and his BCP package was never closed. CONCLUSION: Upon review and consideration of all the evidence of record, to include Petitioner’s submission of supporting documentation, the Board concludes that Petitioner’s request merits relief, given the totality of Petitioner’s circumstances. The Board reviewed Petitioner’s application under the guidance provided in reference (b). Specifically, the Board considered whether Petitioner’s application was the type that was intended to be covered by this policy. In light of reference (b) and applying liberal consideration, the Board determined that the record shall be corrected. The Board concludes Petitioner’s reenlistment code shall be changed to reflect a “RE-1A” reenlistment code. RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner be issued a DD Form 215 indicating his reentry code as “RE-1A.” No further action be granted. That a copy of this report of proceedings be filed in Petitioner’s naval record. 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. 4/13/2021 Executive Director