DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
9 May 2002
0129-02
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
Your allegations of error and
application on 8 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of
error or injustice.
probable,material
You enlisted in the Naval Reserves on 22 November 1993 as a SR
(E-l) for 36 months of active duty at age 19. Your record
reflects that you served without incident until 25 May 1994,
when you received non-judicial punishment (NJP) for drunken or
reckless driving.
to AA (E-2), which was suspended for six months, forfeiture of
$348 per month for two months,
The punishment imposed was reduction in rate
and 30 days of extra duty.
As a result of the NJP of 25 May 1994, you were afforded in-
patient alcohol rehabilitation treatment at the Navy Alcohol
Rehabilitation Center in Jacksonville FL,
2 September 1994.
following:
On 1 September 1994 you acknowledged the
which you completed on
"Should you fail to complete all aspects of your aftercare
program or if you are involved in a subsequent alcohol
related incident, per OPNAVINST
3630550, it is recommended that you be processed for
administrative separation from the Navy."
5350.4B and
NAVMILPERSMAN
You participated without incident in your aftercare program,
which you completed on 28 August 1995.
Your record reflects you served without incident until you were
interviewed by the Mental Health Department at Naval Hospital,
Roosevelt Roads, PR after you voiced vague suicidal ideations
with one of your co-workers.
indicated that you had previously received alcohol treatment
while on active duty, but had begun drinking again.
At the
conclusion of this interview,
sponsor, attend weekly AA meetings, obtain a "big book" from AA
or CAAC personnel, and review the instructions and guidelines
contained in the "big book"
During this interview, you
you agreed to obtain an AA
and begin practicing them.
On 22 January 1996, you were interviewed by your division
officer to determine your progress concerning your alcohol
rehabilitation, as previously discussed.
you admitted that you had failed to adhere to the agreement
concerning your treatment.
You freely admitted you had not
obtained an AA sponsor,
meeting and that you had not obtained a "big book".
Additionally, your leading petty officer said that on one
occasion since the last meeting,
his home.
separation for alcohol rehabilitation failure was provided by
the mental health department to your commanding officer.
Based on this information, a recommendation for
that you had only attended one AA
you drank alcohol beverages at
During this interview
On 4 March 1996, you were notified of the proposed separation
action by reason of alcohol rehabilitation failure.
advised of your procedural rights concerning this matter and
elected to retain your right to counsel, and retained all of
your rights concerning the proposed separation.
1996, you provided a written statement concerning this matter,
which stated, in part that:
You were
On 20 February
"I feel that I have not deviated from, or have failed to
meet the restrictions/conditions'as required by Level III
Aftercare Program.
My Aftercare Program was successfully
2
completed on 28 Aug 95, as verified by ref (a), the Exit
memo being released and signed by my previous Commanding
I have not let the use of alcohol interfere
Officer, . .
with the safe and efficient performance of my military
duties, nor have I allowed it to reflect any discredit
myself or to the Department of the Navy."
upon
On 11 March 1996, your proposed separation was approved by the
commanding officer, acting as the general court-martial
authority and you were honorably discharged on 5 April 1996 by
the reason of alcohol rehabilitation failure and assigned an
4 reenlistment code.
RE-
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your age and your
contention that you acted foolishly.
RE-4 reenlistment code is required by regulation when an
individual is discharged for alcohol rehabilitation failure.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
However, assignment of a
The names and
The Board did not consider whether your reason for separation,
alcohol abuse rehabilitation failure, should be changed. In
this regard, you did not request such a change, and have not
exhausted you administrative remedies by applying to the Naval
Discharge Review Board (NDRB).
used to apply to NDRB.
The enclosed DD Form 293 may be
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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