DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
3615 COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2699-14
17 November 2014
From: Chairman, Board for Correction of Naval Records
TO Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD A eT
Ref: tei 10, U.8.c. TSS2
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with this
Board requesting that his RE-4 (not recommended for reenlistment)
reentry code be changed.
2. The Board, consisting of Ms. Trucco, Ms. Tollefson, and
Mr. Gattis, reviewed Petitioner's allegations of error and
injustice on 4 November 2014 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, 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 available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed ina timely manner.
c. Petitioner enlisted in the Navy and began a period of
active duty on 17 April 2013. On 25 July 2013, a recruit mental
health evaluation diagnosed him with a depressive disorder,
Attention Deficit Hyperactivity Disorder (ADHD), Oppositional
Defiant Disorder, and cannabis dependence, all of which existed
pricr to his enlistment. Subsequently, he was notified of
proposed action for an administrative separation by reason of
defective enlistment and induction due to fraudulent entry into
the Navy. His commanding officer directed separation, and on
15 August 2013, he was discharged with an entry level separation
due to his medical conditions. At that time he was assigned an
RE-4 reentry code, which means he was not recommended for
reenlistment.
d. With his application, Petitioner states, in part, that he
was following the orders of his recruiter and had successfully
completed basic training. Additionally, he submitted a favorable
character reference letter from a retire Air Force Colonel
stating, in part, that he had been inappropriately medically
cleared during his initial processing, and recommending that if
he were to be given an opportunity to serve, would prove to be a
productive and worthy Sailor.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The record reflects that Petitioner was properly discharged.
Specifically, he was diagnosed with a medical condition that
existed prior to his entry into the Navy, and was processed for
separation by reason of fraudulent entry. Consequently, he was
assigned RE-4 reentry. He could have been assigned an RE-8,
reentry code, which means that he had a temporary medical
condition. However, to allow for the opportunity for further
service, the Board concludes that the record should be corrected
to show he received an RE-8 reentry code. The RE-8 reentry code
may not prohibit reenlistment, but requires that a waiver be
obtained from recruiting personnel who are responsible for
reviewing the feasibility of satisfying the Navy’s personnel
manning goals by determining whether or not an individual meets
the standards for reenlistment. If he wishes to reenlist, re-
affiliate, or be reinstated in the Navy, he should contact the
Navy Recruiting Command via his nearest recruiting facility.
In view of the above, the Board recommends the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 15 August 2013, he was assigned an RE-8 reentry code vice the
RE-4 actually issued on that date.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That upon request, the Department of Veterans Affairs be
informed that Petitioner’s application was received on
L7 December 2013.
2
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.
Tied. “REED
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 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
~
ROBERT J. O'NEILL
Executive Director
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