Docket No. 2552-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF, Ref: (a) 10 U.S.C. §1552 (b) SECDEF 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 (2) Advisory Opinion of 12 March 2021 (3) Case summary 1. Pursuant to the provisions of reference (a), Petitioner, a former member of the U.S. Marine Corps, filed enclosure (1) with this Board, requesting that his RE-4 reentry code be changed to RE-1 so that he can reenlist in the Marine Corps. As noted below, the Board voted to change his reentry code to RE-3G, a waiverable code. 2. The Board, consisting of , , and reviewed the subject former member’s allegations of error and injustice on 9 August 2021, 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 Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, including reference (b) 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 the subject former member’s allegations of error and injustice, finds as follows: a. Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. The Petitioner enlisted in the Marine Corps and commenced a period of active duty on 13 December 2016. On 5 June 2017, the Petitioner was admitted to the psychiatry unit, where he was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. The treating physicians recommended that the Petitioner be administratively separated. On 20 June 2017, the Petitioner was issued a counseling concerning his diagnosis of an adjustment disorder. On 11 July 2017, the Petitioner was notified of the initiation of administrative separation processing on the basis of convenience of the government – condition not a disability and his rights in connection therewith. On 10 August 2017, the discharge authority directed that the Petitioner be discharged with an honorable discharge, JFV1 separation code, and RE-4 reentry code. On 14 August 2017, the Petitioner was so discharged. c. In 2018, the Petitioner filed an application with the Naval Discharge Review Board (NDRB), seeking to have his reentry code changed so that he can reenlist. On 21 May 2018, the NDRB wrote to the Petitioner, explaining that, because his only relief requested is the change to his reentry code, it did not have the ability to grant his requested the relief requested. The NDRB referred him to this Board. In 2018, the Petitioner filed a petition with this Board. On 27 November 2019, this Board denied his request, explaining that, based on an advisory opinion (AO) of a mental health professional, additional evidence would be required before a revision to the reentry code is warranted. In addition, the AO determined that a lengthy period of post-service emotional stability across a variety of stressors would need to be demonstrated by the Petitioner. In 2020, the Petitioner filed another petition with this Board, presenting as new evidence a statement that there was a procedural defect in this case because there was a hasty command-initiated request for separation and no actual assessment of his mental or behavioral health issues. On 2 November 2020, this Board determined that the documentation that he provided, even though not previously considered, was insufficient to establish the existence of probable material error or injustice and denied his petition. d. In his current petition, the Petitioner requests that his reentry code be changed to RE-1 from RE-4 so that he can reenlist in the Marine Corps. In support of his petition, he provided a report of a psychological exam dated 3 December 2020. According to this psychological report, “there is no reason to believe that [Petitioner] is currently suffering from an Adjustment Disorder or any other type of psychiatric illness.” CONCLUSION Upon review and consideration of all the evidence of record, and in view of reference (b), the Board found that partial relief is warranted in the form of changing his reentry code to a waivable code. Specifically, the Board determined that changing his reentry code to RE-3G from RE-4 would provide him to opportunity to seek a waiver of his medical concerns by the appropriate personnel command of a military service to which he seeks entry. In making this determination, the Board does not make a judgment whether any reviewing personnel command will find that the Petitioner’s medical concerns should be waived. Rather, the Board intends to remove the inability of the Petitioner to seek such a waiver, and for him to be able to present relevant medical evidence, and to have such medical evidence reviewed by military medical professionals attendant to any applicable recruiting process. RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by issuing him a new DD Form 214 reflecting that his Reentry Code is to RE-3G, and that no further action be granted. A copy of this report of proceedings shall 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 9/1/2021 Executive Director