D E P A R T M E N T O F T H E NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
WMP
Docket No. 08432-01
4 April 2002
From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
AVAL RECOR
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, applied to this Board
requesting, in effect, that his reenlistment code be changed.
2. The Board, consisting of Ms. Gilbert, LeBlanc, and Mr.
Neuschafer reviewed Petitioner's allegations of error and
injustice on 3 April 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. 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:
a. Before applying to this Board, Petitioner exl~~iusted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
c. Petitioner enlisted in the Navy on 8 February 1995 at
age 19 in pay grade E-1. The record reflects that on 16 February
1995 he disclosed, during a suitability screening for submarine
duty, pre-service alcohol and drug usage. ~ u r i n g his subsequent
substance abuse evaluation, he was found to be alcohol d ~ p c n d e n t ,
with physiological dependence, and was ri7t:nmmend~d for
separation.
d. Petitioner was then advised that administrative
separation action was being initiated by reasons of erroneous
enlistment as evidenced by the diagnosis of alcohol dependence.
Petitioner was advised of and waived all procedural rights
concerning the proposed separation. On 8 March 1995,
Petitioner's enlistment was voided due to erroneous entry for
drug abuse with an RE-4 reenlistment code.
e. The DD Form 214 issued on Petitioner's separation has
all zeros entered in the record of service section (block 12).
It states in the remarks section (block 18) "ENTERED: 95FEB08.
RELEASED: 95MAR08. Enlistment Void. This release does not
constitute a discharge and a discharge certificate has not been
issued.
f. Federal law requires that an enlistment be voided if an
individual is determined to be drug or alcohol dependent.
However, the law also requires that the testing and evaluation to
determine dependence be conducted within 72 hours after the
individual reports to an initial period of active duty. If an
individual is separated within 180 days after beginning active
duty service, an uncharacterized entry level separation is
normally issued.
g. An individual can be separated due to an erroneous
enlistment if there is a condition which, had it been known prior
to enlistment, would have prevented enlistment. Drug or alcohol
dependence are such conditions. Additionally, the applicable
regulation requires the assignment of an RE-4 reenlistment code
to individuals discharged by reason of "erroneous entry-alcohol
abuse. "
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. Petitioner's enlistment could have been voided if he was
diagnosed as alcohol dependent within 72 hours of his reporting
for active duty. However, since the diagnosis was not arrived at
until eight days after his reporting for active duty, the
diagnosis of dependence was not accomplished within the time
limits prescribed by law for a void enlistment. Therefore, the
Board concludes that Petitioner's enlistment was improperly
voided. Accordingly, the record should be corrected to show that
he received an uncharacterized entry level separation vice a void
enlistment. Further, the record reflects that he was separated
by reason of erroneous enlistment due to drug abuse when, in
fact, he was diagnosed as alcohol dependent. The record should
be corrected accordingly.
Concerning the reenlistment code, the Board notes that
regulations require the assignment of an RE-4 reenlistment code
to an individual :7r..1:);~rat-i,,:y by rt-8 . j ::-;c,ln of e r !-rxwous entry due to
alcohol abuse. Accordingly, the Board concludes that the
reenlistment code was proper and no change is warranted.
RECOMMENDATION:
a. That Petitioner's naval record be corrected'by issuing
him a new DD Form 214 which reflects that he served on active
duty from 8 February to 8 March 1995 and on the latter date was
discharged with an uncharacterized entry level separation by
reason of erroneous entry-alcohol abuse, vice the void enlistment
by reason of erroneous entry due to drug abuse.
b. That no other 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, together with
a copy of this Report 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
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
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6 ( e ) of t h e revir~i! P r n r o ? ! ? r o e of t h o Rnnrd 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.
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