DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 3437-01
30 August 2001
Dear Mr. Wood:
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 28 August 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 13 June 1996.
documents, you denied any preservice drug use or alcohol abuse.
On your pre-enlistment
i
On 10 September 1996, based largely on your statements, you were
diagnosed as alcohol and marijuana dependent and it was noted
In addition you were
that you were a poly-substance abuser.
diagnosed with an unspecified personality disorder with
social and obsessive compulsive traits.
recommended an inpatient treatment program to help you overcome
and separation from the Navy.
your alcohol and drug dependence,
On 17 September 1996 you acknowledged the foregoing diagnoses and
declined inpatient treatment.
The psychiatrist
anti-
On 24 September 1996 you were notified of separation processing
by reason of personality disorder, fraudulent enlistment,
erroneous enlistment and alcohol rehabilitation failure. In
you elected to waive your
connection with this processing,
the separation authority
procedural rights. Subsequently,
directed an entry level separation.
October 1996 by reason of fraudulent enlistment.
you acknowledged that you were not eligible for reenlistment and
You were so separated on 2
At that time,
would be assigned an RE-4 reenlistment code.
In support of your application you have submitted numerous
excellent character references from active and retired military
members and leaders of your community.
that you would be an outstanding member of the military and
recommended that your record be corrected to allow your
reenlistment.
until you discovered that your girlfriend needed assistance and
you decided to get out of the Navy.
then made false statements concerning your reactions to the
stress you were under, and your preservice drug and alcohol
abuse.
discharge were false, you did not fraudulently enlist in the
Navy. You now regret your actions and desire a change in the
reason for your separation and reenlistment code so you can
reenlist in the Navy.
You contend that since the statements you made to gain
They believe, in effect,
You state that you were doing well in training
You further state that you
It is well settled in the law that an individual who perpetrates
a fraud in order to be discharged should not benefit from that
fraud when it is discovered.
tell if you were untruthful in order to be discharged or are
being untruthful now.
The Board believed that whatever version
of events is true, you now have to bear the consequences of your
actions.
The Board concluded that the reason for your separation
and reenlistment code should not be changed.
In addition, the Board could not
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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