DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 2685-01
17 August 2001
Dear'
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
15 August 2001.
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 Naval Reserve on 26 July
1995 for eight years at age 18.
You were ordered to active duty
for four years on 22 January 1996.
The medical record reflects that on 24 January 1996 you disclosed
behavior problems, alcohol abuse,
April 1994 to May 1995.
failed to advise recruiting personnel about any of the foregoing.
You also stated that you had been treated prior to enlistment for
substance abuse and dependence.
diagnosed you as alcohol dependent.
Thereafter, a medical officer
and psychiatric counseling from
The record also indicates that you
On 27 January 1996 you were notified of administrative separation
action that could result in your release from the custody and
control of the Armed Forces by reason of defective enlistment
due to erroneous entry as evidenced by the diagnosed alcohol
dependence.
to consult with legal counsel or submit a statement in your own
You were advised of your procedural rights, declined
behalf, and waived the right to have your case reviewed by the
general court-martial convening authority.
discharge directed that your enlistment be voided.
1996 you were separated by reason of
abuse" and assigned an RE-4 reenlistment code.
"erroneous entry-alcohol
Thereafter, the
On 5 February
Federal law requires that an enlistment be voided if an
individual is determined to be drug or alcohol dependent within
72 hours of reporting for an initial period of active duty.
Regulations also require the assignment of an RE-4 reenlistment
code to individuals separated by reason of "erroneous
entry-
Your contention that an officer told you in
alcohol abuse."
recruit training that you could come back in after a year is
neither supported by the evidence of record nor by any evidence
submitted in support of your application.
no differently than others discharged under similar circum-
stances, the Board could find no error or injustice in your
assigned reenlistment code.
reenlistment code was 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.
The Board thus concluded that the
Since you were treated
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
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