Docket No: 3129-20 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) Subject's naval record (excerpts) 1. Pursuant to the provisions of reference (a), Petitioner, filed enclosure (1) with this Board requesting that his type of discharge be changed from general (under honorable conditions) to honorable, reentry code changed from RE-4 to RE-3, and his characterization of service be changed from other than honorable. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 June 2020, 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, relevant portions of his naval records, applicable statutes, regulations, policies, letters of recommendation, and post-service education accomplishment. 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 enclosure (1) was not filed in a 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 Navy and began a period of active service on 27 December 1995. He was discharged on 19 April 2004, at the completion of his required active service and received an honorable characterization of service. d. On 19 August 2004, Petitioner enlisted in the Navy Reserve for two years. On 26 August 2004, Petitioner received a letter from the Military Entrance Processing Station () indicating that he was ineligible for entry into the Armed Forces of the United States for 365 days due to a positive urinalysis for cocaine during his pre-accession medical examination. e. On 20 September 2004, Petitioner was notified, by certified mail, of administrative separation processing by reason of defective enlistments and inductions due to erroneous enlistment and by reason of misconduct due to drug abuse. In the letter of notification, it did not indicate Petitioner had the right to consult with counsel or an administrative discharge board (ADB). On 3 October 2010, Petitioner waived his right to submit a statement on his behalf. On 12 October 2010, Petitioner’s commanding officer recommended an under other than honorable characterization of service. On 5 January 2010, the discharge authority directed Petitioner’s discharge with a general (under honorable conditions) character of service, defective enlistments and inductions due to erroneous enlistment narrative reason for discharge, JFU SPD code, MILPERSMAN 1910-130 discharge authority, and RE-4 reentry code. Petitioner was issued a NAVPERS 1070/613 Administrative Remarks Page and discharged the same day. f. Petitioner contends that he did not use any illegal drugs and found out years later that a girlfriend at the time spiked his drink after he was discharged from the Navy. Additionally based on the letter he received from , he believed that he was ineligible for military service and that his enlistment was void. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. The Board concluded that Petitioner was under no service obligation to the U.S. Navy when he tested positive on the urinalysis. Had the results been forwarded in a timely manner, Petitioner would not have been eligible to enlist in the Naval Reserve. Additionally the Board determined that Petitioner was not afforded the opportunity to request an ADB as it was his right to do so. Lastly, it is clearly an injustice to characterize Petitioner’s service as general (under honorable conditions) and stigmatize him with an RE-4 reentry code when he never served in the Naval Reserve. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Issue Petitioner a new NAVPERS 1070/613 Administrative Remarks Page indicating he was discharged on 5 January 2010, with an honorable character of service, secretarial authority reason for discharge, JFF SPD code, RE-1 reentry code, and MILPERSMAN 1910-164 discharge authority. Remove the previously issued NAVPERS 1070/613 Administrative Remarks Page indicating a general (under honorable character of service) A copy of this Report of Proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 14 April 2020. 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. 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.