DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
20 August 2001
3047-01
Secretary of the Navy
From: Chairman, Board for Correction of Naval Records
To:
Subj: REV
USN
(a) 10 U.S.C. 1552
Ref:
Encl.: (1) DD Form 149 w/attachments
ECORD OF EX-S
(2) Case Summary
(3) Subject's naval record
_
filed enclosure (1) with this
that his naval record be corrected
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
by changing the reason for discharge and reenlistment code
assigned on 7 October 1997.
2. The Board, consisting of Ms. Schnittman, Mr.
Mazza, and Mr.
Novello, reviewed Petitioner's allegations of error and injustice
on 15 August 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available
Documentary material considered by
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:
.evidence of record.
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 enclosure (1) was not filed in
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 7 August 1997 at age 19.
At the time of enlistment he had completed 12 years of formal
education.
d. On 29 September 1997,
while still in recruit training,
Petitioner was diagnosed as drug dependent, a condition existing
prior to his enlistment.
On 7 October 1997, Petitioner received
a void enlistment by reason of erroneous entry based on drug
dependency.
RE-4.
At that time he received a reenlistment code of
e. Title 10 U.S.C. 978 states, in part, that an enlistment
a void enlistment was inappropriate and
Absent a diagnosis
f. Sailors diagnosed in recruit training as drug or
will be voided if the individual is determined to be dependent on
However, a void enlistment may be issued only
drugs or alcohol.
if the diagnosis is made within 72 hours of entry on active duty.
a,lcohol
dependent may properly be separated with an entry level
separation by reason of erroneous entry with a reenlistment code
of RE-4.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
In this regard, the Board concludes that his void
relief.
enlistment should be changed to an entry level separation. In
this regard, Petitioner was not diagnosed as drug dependent
within 72 hours of his entry on active duty.
within that time frame,
Petitioner should have been processed for an entry level
separation due to erroneous entry, given the diagnosis of drug
dependency.
should be corrected wherever necessary to show
separated with an entry level separation by reason of erroneous
enlistment.
Although Petitioner has requested that the reason for discharge
be changed, he presented no evidence to show that his drug
dependence was incorrectly diagnosed.
concludes that Petitioner was properly processed for separation
and his request for a change
by reason of erroneous enlistment,
in his reason for discharge should be denied.
Concerning Petitioner's request for a change in his reenlistment
code, an RE-4 reenlistment code is appropriate in Petitioner's
case since he was separated prior to completing recruit training
Such a code
by reason of erroneous entry due to drug dependency.
is required under these circumstances.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
Therefore, the Board concludes that the record
that.he was
Therefore, the Board
a. That Petitioner's naval record be corrected to show that he
received an entry level separation by reason of erroneous entry
on 7 October 1997 vice the void enlistment now of record.
b. That no further relief be granted.
2
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,
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.
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
together with this Report
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Executive Director.
3
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