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
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