DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER       
            
 
Ref:   (a) 10 U.S.C. §1552 
     
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 an upgrade to the narrative reason for separation and reentry code listed on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) and (2) apply. 
 
2.  The Board, consisting of Mr. , Mr. , and Mr. , reviewed Petitioner's allegations of error and injustice on 2 August 2021, and, pursuant to its regulations, determined 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, and 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.  Petitioner enlisted in the U.S. Marine Corps on 4 November 2019.  On 6 November 2019, while in a recruit status, Petitioner was dropped to the Recruit Separation Platoon due to chronic back pain.  During the subsequent medical evaluation, Petitioner disclosed to medical staff of prior history of lower back pain for the past three (3) years.  Medical staff diagnosed Petitioner with chronic back pain that is unlikely to change if retained.  Petitioner was cleared for entry-level separation (ELS).  
 
     c.  On 8 November 2019, Petitioner was notified of pending administrative separation action due to fraudulent enlistment, at which time, Petitioner waived his procedural rights and elected not to consult with counsel.  The Commanding Officer, Support Battalion, , concurred with the discharge due to ELS/medical fraud.   
 
     d.  On 14 November 2019, the discharge authority directed discharge due to defective enlistment and induction, specifically fraud and history of back pain.   
   
     e.  On 15 November 2019, Petitioner was discharged with an uncharacterized (UNCHAR) characterization of service due to fraudulent entry.   
 
     f.  The Petitioner’s Certificate of Release or Discharge from Active Service (DD Form 214) reflects “Fraudulent Entry” as narrative reason for separation and reentry code of “RE-3F”. 
 
     g.  Petitioner contends his diagnosis was obtained by x-ray and without consultation for further testing.  Petitioner also contends the chronic back pain mentioned in discharge paperwork was minor soreness due to being a high school multi-sport athlete and working construction and warehousing prior to enlistment.  Petitioner further contends he was led to believe it was something serious and could not be repaired.  Petitioner obtained an MRI at his own expense post-discharge and the results showed no issue with his back or spine.   
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, specifically post-discharge examination results, the Board concluded Petitioner’s request warrants partial relief.   
 
In regard to the Petitioner’s request to change his reentry code from “RE-3F” to a more favorable reentry code, the Board determined relief is not warranted. 
 
In view of the above, the Board directs the following corrective action: 
 
RECOMMENDATION: 
 
That Petitioner be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) indicating the narrative reason for separation as “secretarial authority” and separation code as “JFF1”. 
 
No further changes be made to Petitioner’s record. 
 
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 Regulation, 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. 

8/28/2021
Executive Director