DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5689-00
31 May 2001
Dear
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10 of the 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 22 May 2001. 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 that the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 25 June 1980 at age 17.
You satisfactorily completed initial training and on 21 April 1981 you
reported to the USS WILL ROGERS (SSBN 659). On 21 July 1982 you received
nonjudicial punishment for failure to complete your submarine
qualifications. On 3 August 1982 you qualified in submarines and were
subsequently advanced to STS3
(E—4)
The record shows that on 3 March 1984 you were convicted by civil
authorities of driving under the influence of alcohol. On 26 April 1984
you were referred for an evaluation following an alcohol-related
unauthorized absence. The March 1984 DUI was your second one in Virginia
and the alcohol related unauthorized absence occurred while you were
attending the Navy Alcohol Safety Action Program (level II) alcohol
rehabilitation program. A Navy doctor found that you could not control
your drinking and that you were psychologically dependent because you used
alcohol to combat stress and boredom. You were recommended for level III
inpatient alcohol rehabilitation, however, the doctor noted that you had
insufficient time remaining on your enlistment contract to finish such a
rehabilitation program.
Since you were considered to be a level II rehabilitation failure, you were
processed for an administrative discharge. In connection with this
processing, you elected to waive your procedural rights. Subsequently, the
discharge authority directed an honorable discharge and noted that you had
declined to incur an additional service obligation so that you could attend
the level III program. You were honorably discharged on 22 June 1984 by
reason of alcohol rehabilitation failure. At that time you were not
recommended for reenlistment code and were assigned an RE—4 reenlistment
code.
You state in your application that you have overcome your alcohol problem
and have been a good citizen for many years. You desire a change in the
reenlistment code so that you can enter the Army Reserve.
Regulations require the assignment of an RE-4 reenlistment code when an
individual is discharged due to alcohol rehabilitation failure. Since you
have been treated no differently than others discharged for that reason,
the Board could not find an error or injustice in the assignment of the RE-
4 reenlistment code. The Board believed that the nonjudioial punishment and
your record of alcohol abuse would have been sufficient to support the
assignment of the RE-4 reenlistment code even if you had been discharged by
reason of expiration of enlistment.
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
2
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