DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5255-01
27 December 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 18 December 2001.
injustice were reviewed in accordance with administrative
regulations and procedures
ahplicable 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.
The Board found that you enlisted in the Navy on 24 September
1998 at age 21.
On 25 September 1998 you were found to be
alcohol dependent. On 14 October 1998 you received a void
enlistment by reason of erroneous enlistment due to alcohol
abuse, at which time you were assigned a reenlistment code of
RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
erroneous enlistment due to alcohol abuse.
Board noted the contention that you feigned the symptoms of
alcohol dependence in order to get out of the Navy.
It is well
settled in the law that an individual who procures his discharge
by fraud should not benefit from the fraud when it is discovered.
The Board thus concluded that there is no error or injustice in
your reenlistment code.
Accordingly, your application has been
denied.
The names and votes of the members of the panel will be
furnished upon request.
In this regard, the
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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