Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 02459-01
Original file (02459-01.pdf) Auto-classification: Approved
DEPARTMENT OF

.THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

 

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 2459-01
10 December 2001

From: Chairman, Board for Correction of Naval Records
To:
Subj: REVIEW OF NAVAL RECORD OF

Secretary of the Navy

(a) 10 U.S.C. 1552

Ref:
Encl: (1) DD Form 149 w/attachments

(2) Case Summary
(3) Subject's naval record

filed enclosure (1) with this

that his reenlistment code be

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
changed.
2. The Board, consisting of Messrs. Milner, Shy, and Harrison,
reviewed Petitioner's allegations of error and injustice on 15
November 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted. of the enclosures, naval records, and
applicable statutes,
.
3- The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:

regulations and policies.

Documentary material considered by

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 14 August 2000 at age

18.

d. On 15 August 2001 Petitioner submitted to an accession

urinalysis that tested positive for marijuana.
On 23 August 2000
the commanding officer directed his separation.
Subsequently, on
31 August 2000 he received an entry level separation by reason of
erroneous enlistment due to drug abuse.
was assigned a reenlistment code of RE-4.

At that time Petitioner

e. Petitioner admits that he used marijuana prior to his

but also states that he told his

departure for recruit training,
recruiter and requested that his departure be delayed.
to Petitioner,
positive for marijuana.
Accession Drug 
he believed would prevent any drug-related problems for
Petitioner at recruit training.
of this partially filled out form with his application.

the recruiter gave him a drug test that tested
Screenin.\cknowledgement  And Consent Form, which
Petitioner has submitted a copy

The recruiter then filled out a 

Pre-

According

f. An advisory opinion from the Navy Personnel Command states
that if the Board believes Petitioner, then his departure for
recruit training should have been delayed for 45 days.

g. Applicable directives require the assignment of an RE-4
reenlistment code if an individual is separated for drug abuse.
An RE-1 reenlistment code means that an individual is fully
eligible for reenlistment.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
The Board concludes that Petitioner is telling the
action.
truth.
Accordingly, his scheduled departure for recruit training
should have been delayed for 45 days.
Therefore,
the assignment
of an RE-4,
although arguably proper,
appears to the Board to be
unfair.
reenlistment code should be changed to RE-1.
The Board further concludes that this decisional document should
be filed in Petitioner's record in order that reviewers may fully
understand the reason for the change in his reenlistment code.
In view of the foregoing,
the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:

Accordingly, the Board believes that Petitioner's

a. That Petitioner's naval record be corrected to show that he

was assigned an RE-1 reenlistment code instead of the RE-4
reenlistment code actually assigned.

b. That this Report of Proceedings be filed in Petitioner's

naval record.
4. It is certified that a quorum was present at the Board's

2

review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.

and that the foregoing is a true and

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),
behalf of the Secretary of the Navy.

has been approved by the Board on

Acting Recorder

Executive

3



Similar Decisions

  • NAVY | BCNR | CY2001 | 08650-00

    Original file (08650-00.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, Board requesting, in effect, by changing the RE-4 reenlistment code assigned on 25 September 2000. that his naval record be corrected filed enclosure (1) with this McPartlin, and Ms. 2. September 2000, the recruit division commander also recommended By letter of 7 in retention, citing his demonstration of Commitment.W lloutstanding job on his duties," and his '@the Navy core values of Honor,...

  • NAVY | BCNR | CY2001 | 07425-00

    Original file (07425-00.pdf) Auto-classification: Approved

    1552 (1) Case Summary (2) Subject's naval record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy filed enclosure (1) with this Board requesting that his record be corrected by changing the 4 reenlistment code assigned on 25 September 2000. was within days of completing recruit training when he was separated. "JFC", The record should then be corrected to show that "Erroneous entry (other)" and The RE-3E reenlistment code The Board further...

  • NAVY | BCNR | CY2001 | 08162-00

    Original file (08162-00.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, Board requesting, in effect, by changing the RE-4 reenlistment code assigned on 28 December 1999. that his naval record be corrected filed enclosure (1) with this 2. chancel' since he says that he was told that he could He requests a f. With his application, Petitioner has submitted a statement from a recruiter with whom he is now working, who points out that at the time of Petitioner's separation...

  • NAVY | BCNR | CY2001 | 00069-01

    Original file (00069-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2001. Regulations allow for the assignment of an RE-3J reenlistment code when an individual in an entry level status tests positive for marijuana use, served less than 30 days in the DEP, confessed to the use of marijuana during the moment of truth, and was processed for separation by reason of fraudulent enlistment. Consequently, when applying for a...

  • NAVY | BCNR | CY2007 | 03338-07

    Original file (03338-07.rtf) Auto-classification: Approved

    The Board, consisting of reviewed Petitioner’s allegations of error and injusticeon 29 April 2008 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Based on the positive urinalysis, he was processed for an administrative separation from the Navy. That Petitioner’s naval record be corrected to show that on 21 August 2006 he was separated from the Navy by reason of erroneous entry and was assigned an...

  • NAVY | BCNR | CY2002 | 05181-00

    Original file (05181-00.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. At that time you were On 12 June 2000 the Subsequently,, on 16 The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous enlistment based on preservice use of drugs. Consequently, when applying for a...

  • NAVY | BCNR | CY2001 | 00967-01

    Original file (00967-01.pdf) Auto-classification: Denied

    be separated and requested retention in the Navy. On 22 September 2000 the separation authority directed an entry level separation and you were so separated on that same day. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

  • NAVY | BCNR | CY2001 | 03924-01

    Original file (03924-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, Board requesting, in effect, by changing the reenlistment code assigned on 15 March 1993. that his naval record be corrected filed enclosure (1) with this consisting of Mr. Brezna, Mr. reviewed Petitioner's allegations of error and 2. Additionally, it is clear to the Therefore, a void In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective...

  • NAVY | BCNR | CY2002 | 07324-00

    Original file (07324-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when...

  • NAVY | BCNR | CY2001 | 02740-01

    Original file (02740-01.pdf) Auto-classification: Approved

    2740-01 24 August 2001 From: To: Chairman, Board for Correction of Naval Records Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF #.&,a Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy, applied to this Board requesting, in effect, that his naval record be corrected by changing the discharge under other than honorable conditions and RE-4...