DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5187-01
23 August 2001
From: Chairman,
Secretary
To:
Board for Correction of Naval Records
of the Navy
Subj: REVIEW. OF
NAVAL 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 29 June 1993.
that his naval record be corrected
filed enclosure (1) with this
2. The Board, consisting of Messrs. Shy, Pfeiffer, and Zsalman,
reviewed Petitioner's allegations of error and injustice on 21
August 2001 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.
Documentary material considered by
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.
C . Petitioner enlisted in the Navy on 7 June 1993 at age 19.
d. On 22 June 1993, while still in recruit training,
Petitioner was found to be alcohol dependent.
Petitioner received a void enlistment by reason of
enlistment
reenlistment code of RE-4.
jurisdiction.'1
- lack of
At that time he received a
On 29 June 1993,
"void
e. 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
at the time of such enlistment, or within 72 hours, shall be
void.
it was not discovered within the required 72 hours.
Even though Petitioner was found to be alcohol dependent,
f. Sailors separated within the first 180 days of active duty
normally receive an entry level separation.
g. An individual separated in recruit training due to a
diagnosis of alcohol dependence is separated by reason of
erroneous enlistment due to alcohol abuse.
code must be assigned to an individual so separated.
An RE-4 reenlistment
CONCLUSION:
In this regard, the Board concludes that his void
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
enlistment should be changed to an entry level separation by
reason of erroneous enlistment due to alcohol abuse with an RE-4
reenlistment code.
determination of dependence was not made during the 72 hour time
period required for a void enlistment.
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 alcohol abuse.
code is appropriate in Petitioner's case since he was separated
by reason of erroneous enlistment due to alcohol dependence.
Additionally, it is clear to the
An RE-4 reenlistment
This conclusion is based on the fact that 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 alcohol abuse on 29 June 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
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
2
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.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
c
3
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