DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2764-01
15 January 2002
From: Chairman, Board for Correction of Naval Records
To:
Subj:
Secretary of the Navy
OF2
ECORD
.-,
(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. Ivins, Hogue, and McBride,'
reviewed Petitioner's allegations of error and injustice on 9
January 2002 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, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
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 27 August 1998.
September 1998 he was diagnosed as being alcohol and drug
dependent.
On 25
d. On 30 September 1998 the commanding officer directed a void
enlistment by reason of erroneous enlistment due to drug abuse.
Petitioner was separated on 5 October 1998.
At that time he was
assigned an RE-4 reenlistment code.
e. Title 10 U.S.C. 978 states that an enlistment may be voided
only if an individual is diagnosed as drug or alcohol dependent
within 72 hours of reporting to active duty.
an individual so diagnosed may be
this time limit is not met,
separted with an entry level separation by reason of erroneous
Additionally, regulations require
enlistment due to drug abuse.
the assignment of an RE-4 reenlistment code when an enlistment is
voided or if an individual is separated by reason.of erroneous
enlistment due to drug abuse.
However, even if
f. In his application, Petitioner states that he lied about
his drug abuse and alcohol dependence in order to be separated
from the Navy because he was homesick.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
In this regard it is clear that Petitioner was not
relief.
diagnosed as drug and alcohol dependent within 72 hours of his
entry on to active duty.
record should be corrected wherever necessary to show that he was
separated with an entry level separation.
Concerning the RE-4 reenlistment code, the Board notes that an
RE-4 reenlistment code is required when an individual receives an
entry level separation resulting from an erroneous enlistment due
Further, even if Petitioner's current version of
to drug use.
events is correct, it is well settled in the law that an
individual who commits a fraud in order to be discharged should
not be able to benefit from that fraud when it is discovered.
Therefore, the Board concludes that the RE-4 reenlistment code is
correct and should not be changed.
RECOMMENDATION:
Therefore, the Board concludes that the
a. That Petitioner's naval record be corrected to show that he
received an entry level separation on 5 October 1998 vice the
void enlistment now of record.
b. That Petitioner's request for a change in the reenlistment
code be denied.
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
together with this Report
naval record be returned to the Board,
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
d. That no further relief be granted.
4. It is certified that a quorum was present at the Board's
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
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), has been approved by the Board on
behalf of the Secretary of the Navy.
Acting Recorder
?
KLl~dg
.
3
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