DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6759-01
16 January 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
ORD 0
(a) 10 U.S.C. 1552
(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 Naval Reserve, filed enclosure (1)
with this Board requesting, in effect, that his reenlistment code
be changed.
2. The Board, consisting of Ms. Hare, Mr.
Novello, and Mr.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 15 January 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 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 Naval Reserve on 20 April 1994.
He reported to active duty on 11 August 1994.
1994 he was diagnosed as being alcohol dependent.
On 10 November
d. On 17 November 1994 he received nonjudicial punishment for
an unauthorized absence of 12 days.
e. On 29 November 1994 the commanding officer directed a void
enlistment by reason of erroneous enlistment due to alcohol
abuse.
time he was assigned an RE-4 reenlistment code.
Petitioner was separated on 2 December 1994.
At that
However, even if
an individual so diagnosed may be
f. Title 10 U.S.C. 978 states that an enlistment may be voided
only if an individual is diagnosed as drug or alcohol dependent
within 72 hours of reporting to active duty.
this time limit is not met,
separated with an entry level separation by reason of erroneous
Additionally, regulations
enlistment due to alcohol abuse.
require the assignment of an RE-4 reenlistment code when an
enlistment is voided or if an individual is separated by reason
of erroneous enlistment due to alcohol abuse.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
In this regard, it is clear that Petitioner was not
relief.
diagnosed as alcohol dependent within 72 hours of his entry on
active duty.
Therefore, the Board concludes that the record
should be corrected wherever necessary to show that he was
separated with an entry level separation.
Concerning Petitioner's request for a change in his reenlistment
code, an RE-4 reenlistment code is appropriate in Petitioner's
case since he was separated prior to completing recruit training
by reason of erroneous enlistment due to alcohol dependency.
Such a code is required under these circumstances.
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
received an entry level separation on 2 December 1994 vice the
void enlistment now of record.
b. That Petitioner's request for a change in the reenlistment
code be denied.
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
together with this Report
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.
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.
17
Acting Recorder
ROBERT D. ZSALMAN
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.
Executive
Di
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