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NAVY | BCNR | CY1999 | 07251-98
Original file (07251-98.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

TJR
Docket No: 7251-98
26 March 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 23 March 1999.
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.

Your allegations of error and

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 18 July 1989  at the

age of 18.
disciplinary incident.

Your record reflects that you served without

Your record further reflects that on 31 January 1990 you were
recommended for Level III alcohol rehabilitation treatment after

'your self-referral to a drug and alcohol program.

consumed a six pack to a

noted, in part, that you suffered with drug and alcohol
dependency with blackouts and shakes;
case of beer nightly; and used cocaine, lysergic acid
diethylamide (LSD), mushrooms, and marijuana.
thereafter, on 7 March 1990, you refused further treatment and
denied any need for further help with your drug and alcohol
dependency.
On 28 March 1990 you were notified of pending
administrative separation action by reason of alcohol
rehabilitation failure.
submitted a statement in rebuttal to the separation.
1990 your commanding officer recommended you be separated by
reason of alcohol rehabilitation failure.
discharge authority directed your commanding officer to honorably
discharge you by reason of alcohol rehabilitation failure.
April 1990 you  were so  discharged and assigned an RE-4

After consulting with legal counsel, you
On 2 April

Subsequently, the

Shortly

On 10

directed your commanding officer to honorably discharge you by
reason of alcohol rehabilitation failure.
were so discharged and assigned an RE-4 reenlistment code.

On 10 April 1990 you

However, the Board concluded these factors were not

The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth and
and your contention that you would
immaturity, honorable service,
like your reenlistment code changed so that you may enlist in the
Army.
sufficient to warrant a change in your reenlistment code given
An RE-4
your separation due to alcohol rehabilitation failure.
reenlistment code is required when an individual is separated for
that reason.
Given all the circumstances in your case, the Board
concluded your reenlistment code was proper as issued and no
Accordingly, your application has been
change is warranted.
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
You are entitled to have the
favorable action cannot be taken.
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

2



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