DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

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WASHINGTON DC 20370-510

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ELP
Docket No. 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 reenlistment code issued on 27 September 1996.

The Board, consisting of Messrs. Pfeiffer, Zsalman, and

2.
Neuschafer reviewed Petitioner's allegations of error and
injustice on 22 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.

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 under existing law and
regulations within the Department of the Navy.

b.

Although it appears that Petitioner's application to

the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.

C .

Petitioner enlisted in the Navy on 22 April 1996 for
At that time, he agreed to extend

four years as an SN (E-3).
his enlistment for an additional period of 24 months in exchange
for training in the Nuclear Field Program and accelerated
advancement to pay grade E-4.

d.

A drug and alcohol abuse report was filed on 24 July

1996 which reported Petitioner's use of marijuana.
noted that the method of identification was made through
command/supervisor and not through urinalysis.

The report

d.

On 25 July 1996 Petitioner received nonjudicial

Punishment imposed
punishment (NJP) for use of marijuana.
consisted of a reduction in rate to SA (E-2), forfeitures of
one-half a month's pay for two months, and 45 days of
restriction.
Field Program.

Additionally, he was dropped from the Nuclear

e.

On 20 August 1996 Petitioner was notified that

He was advised of his

administrative separation action was being initiated by reason
of misconduct due to drug abuse.
procedural rights and told that if discharge was approved, it
could be under other than honorable conditions.
consult with legal counsel and waived the rights to be
represented by counsel and to present his case to an
administrative discharge board.
officer recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On
1 September 1996, the Chief of Naval Personnel directed
discharge under other than honorable conditions by reason of
misconduct due to drug abuse.
27 September 1996 and assigned an RE-4 reenlistment code.

Thereafter, the commanding

Petitioner was so discharged on

He declined to

f.

Regulations provide that a separation initiated within

the first 180 days of continuous active duty will be described
as an uncharacterized entry level separation, unless
characterization under other than honorable conditions is
warranted.
due to drug abuse.
Regulations also require the assignment of
an RE-4 reenlistment code to an individual separated by reason
of misconduct.

Such a characterization is authorized for misconduct

g.

Petitioner provides evidence that since his discharge,

he has earned an associates degree,
Guard for nearly two years,

Army National
and has been advanced to Specialist

served in the 

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However, he has been denied entrance into the Reserve

E-4.
Officers' Training Corps and Officer Candidate School Program
due to his RE-4 reenlistment code.

h.

Petitioner states that when he contracted for the

officals

He claims he was told that

However, while attending recruit training, he learned

nuclear field program, he was assured by recruiting  
that if he could qualify for the SEALS, he could be released
from his contract and be sent to Basic Underwater Demolition
School.
that what he was told was not true for those individuals who
were in the nuclear field program.
any change would have to be done at the Nuclear Power Training
Command, but that command told him that he should have resolved
the matter while in recruit training.
After receiving no
satisfaction from his chain of command, he states he became
frustrated and decided to get thrown out of school.
that at a weekend party, some classmates got into trouble and
were caught smoking marijuana.
say that he was with them so he could be thrown out of nuclear
power school for using drugs.
not dispute his involvement.
discharged but only wanted to be thrown out of school. He
requests that his discharge be changed to an entry level
separation.

They did exactly that and he did
However, he did not intend to be

He states that he asked them to

He claims

CONCLUSION:

the

In this regard, the Board notes that subsequent to his

Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
discharge, he has earned an associates degree, served in the
Army National Guard and was advanced to Specialist (E-4). It
appears to the Board that Petitioner was identified as a drug
abuser not through urinalysis,
The
Board found it disturbing that a urinalysis was not directed to
confirm his admission prior to processing him for separation.
While the Board does not condone drug abuse, the Board also does
not believe this single incident of misconduct while in an entry
level status warrants the life-long stigma of a discharge under
other than honorable conditions.
concludes that it would be appropriate and just to correct the
record to show he received an uncharacterized entry level
separation by reason of misconduct due to drug abuse.
was treated no differently than others discharged under similar

but by his own admission.

Accordingly, the Board

Since he

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circumstances, the Board could find no error or injustice in his
assigned reenlistment code.
The fact that he desires to enroll
in an officer program does not provide a valid basis for
changing a correctly assigned reenlistment code.

RECOMMENDATION:

a.

That Petitioner's naval record be corrected by
showing that he received an uncharacterized entry level
separation by reason of misconduct due to drug abuse on
27 September 1996 vice the discharge under other than
honorable conditions actually issued on that date.

b.

That a copy of the 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 by the
Board on 4 April 2001.

It is certified that a quorum was present at the Board's

4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.

&

ROBERT D. ZSALMAN
Recorder

ALAN E. GOLDSMITH
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

F;czW. DEAN PFEIFFER

Executive Director

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