DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5725-09
23 April 2010
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 14 April 2010. 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.
You reenlisted in the Navy on 31 December 1987 after more than
Six years of honorable service. On 12 December 1988, you were
the subject of a drug/alcohol evaluation, and were diagnosed as
an alcohol abuser as evidenced by the use of alcohol during
periods of stress, boredom and at social activities. It was
recommended that you attend the Counseling and Assistance Center
{CAAC) Level I and II programs, two Alcoholics Anonymous meetings
weekly and take Antabuse daily. On 16 December 1988, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) from your unit. On 23 January 1989, you refused to
participate in the Level I and II programs and signed a written
statement which said in part, that you consented to being
administratively separated for alcohol abuse rehabilitation
failure. On 23 February 1989, administrative discharge action
was initiated to separate you by reason of alcohol abuse
rehabilitation failure. You waived your rights to consult
counsel or submit a statement. On 28 February 1989, your
commanding officer approved and directed that you be separated ©
for alcohol abuse rehabilitation failure with a general
discharge. At that time you were assigned an RE-4 reenlistment
code,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your NJP and failure to participate in
your command’s rehabilitation program. Finally, an RE-4
reenlistment code must be assigned to all Sailors discharged due
to alcohol abuse rehabilitation failure. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board noted that you may be entitled to Department of
Veterans Affairs (DVA) benefits based on your prior honorable
service. However, your eligibility is a matter under the
cognizance of the DVA. In this regard, you should contact the
nearest DVA office concerning your rights, specifically, whether
or not you are eligible for benefits based on these periods of
service,
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,
SMosds
Executive D or
2
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