DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 2684-01
21 August 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

(a) 10 U.S.C.1552

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record

From:
To:

Subj:

Ref:

Encl:

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that the reason for discharge and his
reenlistment code be changed.

The Board, consisting of Ms. Schnittman and Messrs.  
Novello, reviewed Petitioner's allegations of error and

2.
and 
injustice on 15 August 2001 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, regulations and policies.

Mazza

Documentary material

The Board, having reviewed all the facts of record

3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:

a.

Before applying to this Board, Petitioner exhausted all

administrative remedies available
regulations within the Department

under existing law and
of the Navy.

b.

Petitioner's application

timely manner.

to the Board was filed in a

C .

Petitioner enlisted in the Navy on 28 October 1998 for
The record reflects that on 23 November

four years at  age 19.
1998 he was diagnosed by a medical officer as dependent on
alcohol, amphetamines and marijuana; and had abused other

substances.
received treatment for substance abuse and was in aftercare for
six months.

Petitioner also disclosed that prior to service, he

d.

Petitioner was then notified that administrative
separation was being considered which could result in his
release from the custody of the armed forces by reason of
defective enlistment due to void entry into the Naval service,
as evidenced by a medical evaluation of drug and alcohol
He was advised of his procedural rights, declined
dependence.
to consult with legal counsel or submit a statement in his own
behalf, and waived the right to have his case reviewed by the
general court-martial convening authority.
Thereafter, the
discharge authority directed that Petitioner's enlistment be
voided.
He was separated by reason of "erroneous entry-drug
abuse" on 14 December 1998 and assigned an BE-4 reenlistment
code.

e.

The DD Form 214 issued on Petitioner's separation has
all zeros entered in the record of service section (block 12).
It states in the remarks section (block 18) "ENTERED:
980CT28/BELEABED:98DECl4.+  Enlistment Void.
not constitute a discharge and a discharge certificate has not
be issued."

This release does

f.

Federal law requires that an enlistment be voided if an

individual is determined to be drug or alcohol dependent.
However, the law also requires that the testing and evaluation
to determine dependence be conducted within 72 hour after the
individual reports to an initial period of active duty.

If an
individual does not receive a void enlistment but is separated
within 180 days after beginning active service, an  

uncharacter-

ized entry level separation is normally issued.

Q*

The Board is also aware that an individual can be

separated due to an erroneous enlistment if there is a condition
which, had it been known prior to enlistment, would have
prevented enlistment.
conditions.
the assignment of an BE-4 reenlistment code to individuals
discharged by reason of

Additionally, the applicable regulation requires

Drug or alcohol dependence are such

"erroneous entry-drug abuse."

h.

Petitioner contends that he was told by his recruiter

not to admit to anyone in the Navy that he had been in a drug

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and alcohol rehabilitation program as a minor.
questioned in recruit training,
his prior drug use and treatment.

he became nervous and disclosed

However, when

CONCLUSION:

In this regard, Petitioner's contentions are neither

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
supported by the evidence of record nor by any evidence
submitted in support of his application.
Further, his enlist-
ment could have been properly voided if the diagnosis of alcohol
and drug dependence had been made within 72 hours, as required
by law.
dependent until about 26 days after his enlistment, the
diagnosis of dependence was not accomplished within the time
limits prescribed by law for a void enlistment.
Board concludes that Petitioner's enlistment was improperly
voided.
Accordingly, the record should be corrected to show
that he received an uncharacterized entry level separation by
reason of erroneous entry vice void enlistment.

However, since he was not diagnosed as alcohol and drug

Therefore, the

Concerning the reenlistment code, the Board notes that
regulations require the assignment of an RE-4 reenlistment code
to an individual separated by reason of erroneous entry due to
drug abuse.
reenlistment code was proper and

Accordingly, the Board concluded that the

no change is warranted.

RECOMMENDATION:

a.

That Petitioner's naval record be corrected by issuing

him a new DD Form 214 which reflects that he served on active
duty from 28 October to 14 December 1998 and on the latter date
was discharged with an uncharacterized entry level separation by
reason of erroneous entry-drug abuse.

b.

That no other 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

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with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioner's naval record.

4.

It is certified that a quorum was present at the

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

and that the foregoing is a

ROBERT D.  
Recorder

ZSALMAN

&+-~

ALAN E. GOLDSMIT
Acting Recorder

Pursuant to the delegation of authority set out in Section 6

5.
(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),
Board on behalf of the Secretary of the Navy.

has been approved by the

Executive Dire

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