Y
DEPARTMENTOFTHENAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
15 April 1999
6707-97
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
VAL RECORD OF
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that his naval record
be corrected by changing the RE-4 reenlistment code assigned on
12 January 1996.
2. The Board, consisting of Ms. Taylor, Mr.
McCulloch, reviewed Petitioner's allegations of error and
injustice on 14 April 1999 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regula,tions and policies.
Carlson, and Mr.
Documentary material
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 in a timely manner.
C . Petitioner enlisted in the Navy on 28 December 1995 at age
At the time of enlistment he had completed 12 years of
18.
formal education.
d. On 3 January 1996, while still in recruit training,
Petitioner was diagnosed as being dependent on marijuana.
On 12
also diagnosed with an antisocial personality disorder.
January 1996, Petitioner received a void enlistment by reason of
erroneous enlistment based on drug abuse.
received a reenlistment code of RE-4.
At that time he
He was
e. Title 10 U.S.C. 978 states, in part, that the enlistment of
a person who is determined to be dependent on drugs or alcohol
within 72 hours of enlistment shall be void.
f. Sailors diagnosed in recruit training with drug or alcohol
dependency, or a personality disorder, may properly be separated
with an entry level separation by reason of erroneous enlistment
with a reenlistment code of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
In this regard, the Board concludes that his void
action.
enlistment should be changed to an entry level separation by
reason of erroneous enlistment due to drug abuse with an assigned
RE-4 reenlistment code since Petitioner was not diagnosed as drug
dependent within 72 hours of his entry on active duty.
diagnosis within that time frame, a void enlistment was
inappropriate and Petitioner should have been processed for an
entry level separation due to erroneous enlistment.
the Board recommends the reason for separation remain erroneous
enlistment due to drug abuse.
appropriate in Petitioner's case since he was separated prior to
completing recruit training by reason of erroneous enlistment due
to drug abuse.
circumstances.
Such a code is required under these
An RE-4 reenlistment code is
Absent a
Accordingly,
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
received an entry level separation by reason of erroneous
enlistment on 12 January 1996 vice the void enlistment now of
record.
b. That no further relief be granted.
C . 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.
d. That any material directed to be removed from Petitioner's
naval record be returned to the Board,
together with 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.
2
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive D
3
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