DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0 TRG
Docket No:
28 November 2001
7425-00
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy filed enclosure (1) with this
Board requesting that his record be corrected by changing the
4 reenlistment code assigned on 25 September 2000.
RE-
The Board, consisting of Mr. Chapman, Mr.
2.
McCormick, reviewed Petitioner's allegations of error and
injustice on 20 November 2001 and,
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.
pursuant to its regulations,
McPartlin and Ms.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Navy for four years on 24
July 2000 at age 18.
reported the result of a urinalysis that showed he had used
marijuana.
an administrative separation.
Based on the positive urinalysis he was processed for
On 2 August 2000, a Navy drug laboratory
d.
After being advised of the pending separation action,
Petitioner requested retention and expressed remorse for his
actions
his retention in the Navy.
Officer (CO), Recruit Training Command (RTC) recommended that
In addition, his recruit division commander recommended
On 8 September 2000, the Commanding
Petitioner be considered for a waiver for his drug use and that
he be retained.
The CO stated, in part, as follows:
"Zero Tolerance" policy.
(Petitioner) takes responsibility for his actions and
expresses sincere remorse while promising to uphold the
Additionally, (he)
Navy's
relates that he sought out the Navy to make something
of his life and he would not again jeopardize the
opportunities available when one is part of the Navy.
. (he) is motivated and successfully training . . .
.
.
.
.
On 19 September 2000, the Navy Personnel Command
disapzroved the request for a waiver and directed separation with
On 22 September 2000, the CO directed
an RE-4 reenlistment code.
an entry level separation by reason of "erroneous entry
abuse)", with a Separation Program Designator (SPD) of
an RE-4 reenlistment code.
At that time, the CO signed a letter of appreciation
2000.
acknowledging Petitioner's excellent performance and conduct
while in recruit training.
He was so separated on 25 September
- drug
"JFU", and
f.
Petitioner states in his application that he was told
that he would have a second chance and could stay in the Navy if
He states that he
he successfully completed recruit training.
was within days of completing recruit training when he was
separated.
the bargain and was improperly separated.
He obviously believes that he fulfilled his end of
g-
the Navy
code not
denied.
Attached to enclosure (1) is an advisory opinion from
Personnel Command recommending that the reenlistment
be changed because the request for a waiver was properly
-
h.
Regulations require the assignment of an RE-4
reenlistment code when an individual is separated by reason of
erroneous enlistment
separated by reason of one other form of erroneous enlistment
(SPD
including an RE-3E reenlistment code.
"JFC") a full range of reenlistment codes is available
When an individual is
- drug abuse.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
In reaching its decision, the Board notes that the
action.
regulations authorized his separation and he has been treated no
2
differently than numerous others individuals who tested positive
on an accession urinalysis.
However, his case is different from others
Navy was proper.
because he was retained in recruit training and served in an
excellent manner, as documented by the letters of the division
commander and CO at RTC.
concludes that Petitioner's record should be corrected to allow
him another opportunity to serve in the military.
Given the circumstances, the Board
Accordingly, his separation from the
Since an RE-4 reenlistment code is required when an individual is
separated by reason of erroneous enlistment due to drug abuse,
the Board believes the narrative reason for separation and SPD
code should be changed to
respectively.
he was assigned an RE-3E reenlistment code vice the RE-4
reenlistment code now of record.
will alert recruiters that there is a problem that must be
resolved before enlistment can be authorized.
"JFC",
The record should then be corrected to show that
"Erroneous entry (other)" and
The RE-3E reenlistment code
The Board further concludes that this Report of Proceedings
should be filed in Petitioner's naval record so that all future
reviewers will understand the reason for the change in the reason
for separation and reenlistment code.
RECOMMENDATION:
That Petitioner's naval record be corrected by issuing a DD
a.
Form 214 to show that he was separated from the Navy on 25
September 2000 by reason of erroneous entry
with an RE-3E reenlistment code, vice the narrative reason for
separation, SPD and reenlistment code now of record
- other (SPD JFC),
That this Report of Proceedings be filed in Petitioner's
b.
naval record.
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.
d
ROBERT D. ZSALMAN
Recorder
.
.
Acting Recorder
The foregoing report of the Board is submitted for your
5.
review and action.
Y
Reviewed and approved:
Assistant General
(Manpower And Reserve Affairs)
C&nsel
’
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