DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3924-01
26 October 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF
AL RECORD OF
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
Board requesting, in effect,
by changing the reenlistment code assigned on 15 March 1993.
that his naval record be corrected
filed enclosure (1) with this
consisting of Mr. Brezna, Mr.
reviewed Petitioner's allegations of error and
2. The Board,
Schnittman,
injustice on 24 October 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.
Mackey, and Ms.
Documentary material
3. The Board, having reviewed all the facts of record 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 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.
199;:
Petitioner enlisted in the Naval Reserve on 20 November
He later enlisted in the Navy on 4 March 1993 at age 21.
d. On 4 March 1993 Petitioner submitted to an accession
urinalysis that tested positive for methamphetamines.
1993 a dependence screening found no dependence for drugs but
preservice use of
received a void enlistment by reason of
of jurisdiction."
At that time he received a reenlistment code
On 15 March 1993 Petitioner
- lack
Void enlistment
alchol and drugs.
On 8 March
of RE-4.
e. Petitioner argues that his positive drug test results were
as a civilian.
testing he was a member of the Naval Reserve and the testing
occurred on the same day he enlisted in the Navy.
However, the record is clear that prior to the
f. Title 10 U.S.C. 978 states, in part, that the enlistment of
a person who is determined to be dependent on drugs or alcohol at
the time of such enlistment, or within 72 hours, shall be void.
Even though Petitioner was found not to be dependent he was still
separated with a void enlistment.
g* Sailors separated within the first 180 days of active duty
normally receive an entry level separation.
h. An individual separated in recruit training due to a
positive accession urinalysis is separated by reason of erroneous
enlistment due to drug abuse.
An RE-4 reenlistment code must be
assigned to an individual so separated.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
relief.
In this regard, the Board concludes that his void
enlistment should be changed to an entry level separation by
reason of erroneous enlistment due to drug abuse with an RE-4
reenlistment code.
This conclusion is based on the fact that
there was no determination of drug dependence.
enlistment was inappropriate and Petitioner should have received
an entry level separation.
Board that the reason for separation should be changed to
erroneous enlistment due to drug abuse.
An RE-4 reenlistment
code is appropriate in Petitioner's case since he was separated
by reason of erroneous enlistment due to drug abuse.
Additionally, it is clear to the
Therefore, a void
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued an entry level separation by reason of erroneous
enlistment due to drug abuse on 15 March 1993, vice the void
enlistment now of record.
b. That no further 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
2
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.
together with this Report
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.
.,
‘Lx --
ROBERT D. ZSALMAN
Recorder
” & (
ALAN E. GOLDSMITH
Acting 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.
Executive
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