DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
TRG
Docket No: 2387-01
15 November 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 14 November 2001.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 5 December 1989 at age 19.
record shows that on 18 March 1991 and 5 April 1993 you received
nonjudicial punishment for assault and a short period of
unauthorized absence.
occasions concerning another instance of assault, abuse of your
spouse, and possession of paraphernalia which could be construed
as being drug related.
In addition you were counseled on two
The
The documentation to support your discharge processing is not
filed in the service record.
declined treatment by a Department of Veterans Affairs hospital
for your diagnosed alcohol dependence.
honorably discharged by reason of alcohol abuse rehabilitation
failure.
and were assigned an RE-4 reenlistment code.
At that time, you were not recommended for reenlistment
However, on 6 April 1993 you
On 8 April 1993 you were
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of alcohol abuse
rehabilitation failure.
considered to be a rehabilitation failure.
In addition, your
disciplinary record and the counseling entries could be used to
An individual who refuses treatment is
Since you
support the assignment of an RE-4 reenlistment code.
have been treated no differently than others discharged by reason
the Board could not find an error or
of rehabilitation failure,
injustice in the assignment of the RE-4 reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
If you desire a review of your record to show entitlement to
awards and decorations not shown on your DD Form 214, you should
complete the enclosed Standard Form 180 and send it to the
custodian of your record.
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
Enclosure
2
NAVY | BCNR | CY2000 | 05769-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2001. 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. On 26 April 1994 you were notified of proposed administrative separation action by reason of alcohol abuse rehabilitation failure due to your refusal...
NAVY | BCNR | CY2001 | 02266-01
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 2001. 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. 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.
NAVY | BCNR | CY2002 | 07925-01
the Board found the evidence submitted was insufficient Your record contains a medical report which notes August 1981, diagnosed with alcohol dependence and recommended participation in a rehabilitation program. regarding alcohol abuse rehabilitation and offered the opportunity to receive 30 day in-patient treatment for your alcohol dependency. However, warrant a change in your reenlistment code given your discharge by reason of alcohol rehabilitation failure and your refusal to further...
NAVY | BCNR | CY2002 | 00651-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. After review by the discharge authority, the recommendation for separation was approved and you received a general discharge by reason of misconduct due to drug abuse on 9 January 1989. In its review of your application...
NAVY | BCNR | CY2005 | 09865-05
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.You enlisted in the Navy on 22 February 2001 at age 21. After review, thisrecommendation was...
NAVY | BCNR | CY2011 | 01255-11
A three-member panel of the Board for Correction of Naval. 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. 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.
NAVY | BCNR | CY2005 | 08161-05
Subsequently, the Naval Discharge Review Board (NDRB) changed the reason for discharge to secretarial plenary authority because you were never diagnosed as alcohol dependent.In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded that these factors were notsufficient to warrant a change in the reason for discharge, given your continuing alcohol problem as shown by the diagnosis of alcohol...
NAVY | BCNR | CY2010 | 00546-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 2010. However, the SARP at Corpus Christi Hospital and your command Drug and Alcohol Program Assistant (DAPA) Ggtermined that you were an alcohol rehabilitation failure and it was recommended that you be separated for not complying with the Peonmended treatment. On 27 February 2008, your case was heard by an administrative discharge board (ADB), which...
NAVY | BCNR | CY2008 | 08000-08
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. On 22 November 2005 an ADB recommended discharge under honorable conditions by reason of convenience of the government due to alcohol rehabilitation failure. On 2 February 2006 you were so discharged and assigned an RE-4 reenlistment code.
NAVY | BCNR | CY2003 | 01288-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 July 2003. Accordingly, given the reason for your separation and your failure to comply with alcohol and drug treatment rules, the Board concluded that the RE-4 reenlistment code was properly assigned. 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...