D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
T JR
Docket No: 2032-98
30 June 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 June 1999. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 3 March 1987 at the
age of 18. Your record reflects that you served for a year and
eight months without disciplinary incident but on 10 November
1988 you received nonjudicial punishment (NJP) for a day of
unauthorized absence (UA) . The punishment imposed was
forfeitures totalling $25. On 29 December 1989 you received NJP
for assault and disorderly conduct. The punishment imposed was
extra duty and restriction for 45 days and reduction to paygrade
E-3.
Your record contains an administrative remarks (page 13) entry
dated 16 February 1990, which noted that you were not amenable to
rehabilitation treatment, had terminated treatment, and were
unwilling to accept your alcoholism as a disease or modify your
alcohol abusive behavior. On 3 March 1990 the Naval Alcohol
Rehabilitation Center (NARC) notified your commanding officer of
your unsuitability for further service due to your inability or
refusal to complete alcohol rehabilitation. On 5 March 1990 you
were notified of pending administrative separation action by
reason of alcohol rehabilitation failure. At this time you
waived your rights to consult with legal counsel and submit a
statement. Subsequently, the commanding officer recommended an
honorable discharge by reason of alcohol rehabilitation failure.
The discharge authority approved the foregoing recommendation
and directed your commanding officer to issue you a honorable
discharge. On 26 March 1990 you were so discharged and assigned
an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you would like your reenlistment code changed now
that your alcohol problem no longer exists. The Board also
considered your chemical dependency counselor certificate.
However, the Board concluded these factors were not sufficient to
warrant a change in your reenlistment code given your misconduct
and refusal to complete alcohol rehabilitation. Further, an
individual separated by reason of alcohol rehabilitation failure
must receive an RE-4 reenlistment code. Given all the
circumstances in your case, the Board concluded your reenlistment
code was proper as issued and no change is warranted.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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