DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3281-08
5 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF SQ,
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with 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, filed enclosure (1) with this
Board requesting that his reenlistment code be changed.
2. The Board, consisting of Messrs. SE, TE 2
WANS mv iiewed Petitioner's allegations of error and ueeiee
on 3 February 2009 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 ina
timely manner, it is in the interest of justice to waive t he
statue of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 27 October 1998 at the
age of 21. His record reflects that on 13 November 1998, after
undergoing a medical examination, he was diagnosed as alcohol
dependent. Subsequently, he was notified that he was being
considered for an administrative separation by reason of
defective enlistment due to a void entry into the Naval Service
as evidenced by his diagnosed alcohol dependency. In this
regard, he waived his right to consult with legal counsel and did
not object to the separation. At this same time he was advised
that, due to his diagnosis, he was not recommended for
reenlistment.
dad. On 24 November 1998 Petitioner was issued a void
enlistment due to alcohol dependence and was assigned an RE-4
reenlistment code.
e. Title 10, U.S.C. Section 978, provides that the enlistment
of any person determined to have been dependent on alcohol or
other drugs at the time of enlistment shall be voided, and the
individual shall be released from custody and control of the
Naval Service. However, such a determination must be made within
72 hours from the date of enlistment.
f. Petitioner basically states that he was not ready for
military life when he entered the Navy 10 years ago, but is now
ready to reenlist.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants partial
favorable action.
The Board notes that Petitioner's alcohol dependence was not
established within the 72 hour time limit required for a void
enlistment. Therefore, the Board concludes that it would be
appropriate to show that he was separated with an uncharacterized
entry level separation by reason of erroneous enlistment.
Further, the Board concludes that Petitioner's reenlistment code
is appropriate given his diagnosis of alcohol dependency and his
lack of evidence to prove that the Navy's diagnosis was in error.
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 separated on 24 November 1998 with an uncharacterized
entry level separation by reason of erroneous enlistment vice the
void enlistment actually issued 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.
ec. 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.
d. That no further 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 BRIAN J. GEORGE
Recorder 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 Regulation, 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.
NAVY | BCNR | CY2001 | 02684-01
2684-01 21 August 2001 Chairman, Board for Correction of Naval Records Secretary of the Navy (a) 10 U.S.C.1552 (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Navy, applied to this Board requesting, in effect, that the reason for discharge and his reenlistment code be changed. Thereafter, the discharge authority directed that Petitioner's...
NAVY | BCNR | CY1999 | 01830-99
1830-99 13 August 1999 From: Chairman, Board for Correction of Naval Records To : Subj: REVIEW OF NAVAL RECORD OF 0 Secretary of the Navy Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record t I i 1. The regulation requires the assignment of an RE-4 reenlistment code to individuals discharged by reason of "erroneous enlistment-alcohol abuse. l1 i. Petitioner states that he did not erroneously enlist nor does he have an alcohol problem.
NAVY | BCNR | CY2006 | 05747-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEXWASHINGTON DC 2O37O-5100TJRDocket No: 5747-06 26 February 2007From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW NAVAL RECORD Ref: (a) 10 U.S.C. The Board, consisting of Messrs.reviewed Petitioner’s allegations of error and injustice on 21 February 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...
NAVY | BCNR | CY2001 | 08432-01
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. Additionally, the applicable regulation requires the assignment of an RE-4 reenlistment code to individuals discharged by reason of "erroneous entry-alcohol abuse. " 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...
NAVY | BCNR | CY2006 | 05561-06
The Board, consisting of Messrs.reviewed Petitioner’s allegations of error and injustice on 13 February 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the availabl& evidence of record. On 20 February 1999 Petitioner was issued a void enlistment due to alcohol dependence and was assigned an RE-4 reenlistment code.e. That Petitioner’s naval record be corrected to show that he was separated on 20 February 1999 with...
NAVY | BCNR | CY2006 | 09460-06
The Board, consisting of Mr.reviewed Petitioner’s allegations of error and injustice on 2 May 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 978 provides that the enlistment of any person determined to have been dependent on alcohol or other drugs at the time of enlistment shall be voided, and the individual shall be released from custody and control of the Naval Service. In view of the...
NAVY | BCNR | CY1998 | NC9805169
The Board, consisting of Messrs. Ivins, Rothlein, and Taylor, reviewed Petitioner's allegations of error and injustice on 14 July 1999 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Therefore, the Board concludes that the record should be corrected to show that he was discharged with an uncharacterized entry level separation by reason of erroneous enlistment. That Petitioner's naval record be...
NAVY | BCNR | CY2001 | 05187-01
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 consisted of the enclosures, naval records, and applicable statutes, regulations and policies. That any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged...
NAVY | BCNR | CY2006 | 04247-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEXWASHINGTON DC 20370-5100TJR Docket No: 4247-06 16 January 2007From: Chairman, Board for Correction of Naval Records To: Secretary of the NavySubj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his discharge be upgraded and his reenlistment code and narrative reason for...
NAVY | BCNR | CY2001 | 02764-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370.510 0 CRS Docket No: 2764-01 15 January 2002 From: Chairman, Board for Correction of Naval Records To: Subj: Secretary of the Navy OF2 ECORD .-, (a) 10 U.S.C. 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. That any material or entries inconsistent...