DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 5561-10
18 February 2011
From: Chairman, Board for Correction of Naval Records
Tos Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref : (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 10 May 10 w/attachments
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing block 27
(Reentry Code) of his Certificate of Release or Discharge from
Active Duty (DD Form 214) from RE-4 (not recommended for
reenlistment) to RE-1 (recommended for retention) or RE-2
(ineligible for reenlistment) .
2. The Board, consisting of Ms. Barrow and Messrs. Clemmons
and J. Hicks, reviewed allegations of error and injustice on 15
February 2011, and pursuant to its regulations, determined that
the limited corrective action indicated below should be taken
on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Navy on 19
September 2007. His record in incomplete, but it appears that
he was given a mental health evaluation, and found to be
suffering from situational psychological problems that
interfered with the performance of his duties. His mother had
recently passed away and his father had a heart attack. He was
administratively separated with an uncharacterized entry level
separation and assigned an RE-4 reentry code.
c. Petitioner submitted a letter from his doctor stating,
that in his opinion, he is currently no longer suffering from
any type of psychological issues that would prevent him from
successfully serving in the armed forces.
d. An RE-3P (condition not a disability) reentry code
could have been assigned to Petitioner under the circumstances
of his case. It is a waivable code. :
¥
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting partial relief.
The Board finds that neither an RE-1 nor RE-2 reentry code were
appropriate in Petitioner's circumstances. However, an RE-3P
should have been assigned to allow future reenlistment if his
psychological issues were resolved. The Board believes that he
was erroneously assigned an RE-4 reentry code, and it should be
upgraded to RE-3P.
In view of the above, the Board directs the following limited
corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
changing block 27 (Reentry Code) of his DD Form 214 from RE-4
to RE-3P.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
Cs That no further relief be granted.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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.
Ava. .
BRIAN J*Y GEORGE
Acting Recorder
ROBERT D. ZSALMAN
Recorder
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.
Ras
W. DEAN PF
Executive
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