DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8162-00
26 February 2001
From:
To:
Subj:
Ref:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
--
(a) 10 U.S.C. 1552
(b) BUPERSINST 1900.8
Encl:
(1) Case Summary
(2) 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 RE-4 reenlistment code assigned on 28 December
1999.
that his naval record be corrected
filed enclosure (1) with this
2. The Board, consisting of Mr. Beckett, Mr.
McPartlin, and Ms.
Newman, reviewed Petitioner's allegations of error and injustice
on 21 February 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
I
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 7 December 1999 at age
20.
d. On 8 December 1999 Petitioner submitted to an accession
Subsequently, on
urinalysis that tested positive for marijuana.
28 December 1999 he received an entry level separation by reason
of erroneous entry due to drug abuse.
At that time he was
assigned a reenlistment code of RE-4.
e. In an attachment to his application, Petitioner admits that
he used marijuana just prior to recruit training due to peer
He further states
group pressure, a decision he now regrets.
that he told his recruiter of his misconduct prior to departing
for recruit training, but alleges that the recruiter advised him
to drink green tea in order to cleanse his system.
"second
reenlist after six months.
chancel' since he says that he was told that he could
He requests a
f. With his application, Petitioner has submitted a statement
from a recruiter with whom he is now working, who points out that
at the time of Petitioner's separation an individual who tested
positive for marijuana only in an accession urinalysis could be
considered for a waiver of the RE-4 reenlistment code.
However,
the Navy Recruiting Manual has recently been changed to eliminate
such waiver authority, and to not allow such a "second look."
The recruiter also states that Petitioner may well be correct in
his assertion that the prior recruiter
to recruit training.
individuals in Petitioner's situation may be "rolled
later date if they may test positive in a urinalysis.
This
recruiter supports Petitioner's application, stating that he
"made a mistake and is trying to correct
He notes that under current standards,
"forced" Petitioner to go
back" to a
it."
g. Reference (b) indicates that for an individual in
Petitioner's situation, an RE-4 reenlistment code must be
assigned if the reason for separation is erroneous enlistment due
to drug abuse.
recommended for reenlistment.
assigned if there was some other form of erroneous enlistment.
This reenlistment code means that the individual is recommended
for reenlistment except for the disqualifying factor of the
improper enlistment.
That code means that the individual is not
An RE-3E reenlistment code can be
MAJORITY CONCLUSION:
McPartlin, concludes that
Upon review and consideration of all the evidence of record a
majority of Ms. Newman and Mr.
Petitioner's request warrants favorable action.
concludes that based on the statements of Petitioner and the
recruiter he is now consulting, the reenlistment code of RE-3E
should now be assigned because Petitioner deserves a second
chance, despite current regulations that require a reenlistment
code of RE-4.
A code of RE-3E will alert recruiting personnel
that there was a problem with Petitioner's prior enlistment which
must be resolved before reenlistment is authorized.
The majority
2
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
MAJORITY RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that on
28 December 1999, Petitioner was assigned an RE-3E reenlistment
code instead of the RE-4 reenlistment code actually assigned on
that date.
b. 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.
C . That any material directed to be removed from Petitioner's
together with a copy of
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
for retention in a confidential file
with no cross reference being made a
MINORITY CONCLUSION:
The minority member of the Board, Mr.
majority on changing the RE-4 reenlistment code and concludes
that no corrective action should be taken.
He believes that
giving relief to individuals such as Petitioner who used
marijuana prior to recruit training disregards present policy and
it is not the Board's responsibility to set policy.
Beckett, disagrees with the
MINORITY RECOMMENDATION:
That no 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
ALAN E.
Acting Recorder
GOLDSMkTH-
5. The foregoing action of the Board is submitted for your review
and action.
MAJORITY
REP0
Assistant General Counsel
(Manpower And Reserve Affairs)
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