DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
*
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TJR
Docket No: 5769-00
15 May 2001
Dear
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 1 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 the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
The Board found you enlisted in the Navy on 15 April 1992 at the age
of 21. Your record reflects that you served for a year without
disciplinary incident but on 21 June 1993 you received nonjudicial
punishment (NJP) for failure to obey a lawful order and disorderly
conduct. The punishment imposed was extra duty for 45 days. On 20
August 1993 you received NJP for two periods of absence from your
appointed place of duty and were awarded extra duty for 30 days and a
suspended reduction to paygrade E-1. On 14 December 1993 you were
convicted by civil authorities of failure to wear a seat-belt and
improper driving. You were sentenced to a $75 fine and court costs.
Your record further reflects that on 4 February 1994, after you self-
referred for alcohol dependency, you were recommended for
participation in a Level III alcohol rehabilitation treatment
program. However, on 31 March 1994, you declined further
participation at an alcohol rehabilitation center and were terminated
from the Level III treatment program.
On 26 April 1994 you were notified of proposed administrative separation
action by reason of alcohol abuse rehabilitation failure due to your
refusal of further treatment. At this same time you waived your rights to
consult with legal counsel and to submit a statement in rebuttal to the
separation. Your commanding officer recommended you be administratively
separated by reason of alcohol abuse rehabilitation failure. Accordingly,
the discharge authority directed separation and on 31 May 1994 you were
honorably discharged by reason of alcohol rehabilitation failure 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 and your contention that your reenlistment code should be
changed so that you may reenlist. However, the Board concluded these
factors were not sufficient to warrant a change in your reenlistment code
given your discharge by reason of alcohol rehabilitation~failure, which
resulted from your refusal to complete an alcohol rehabilitation program.
Assignment of an RE-4 reenlistment code is required when an individual is
separated by reason of alcohol rehabilitation failure. Given all the
circumstances of your case, the Board concluded that the narrative reason
for discharge and the assigned RE—4 reenlistment code were proper 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
2
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