DEPARTMENT OF THE N A V Y
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
WMP
Docket No: 0160-02
9 May 2002
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 8 May 2002. Your allegations of error and
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.
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 15 August 1997 at age 18 for four
years, with an agreement to remain on active duty for an
additional 24 months for training in the nuclear field. Your
record reflects that you served without incident until your
separation on 22 April 1998.
Although the documents concerning your separation processing are
not available in your records, it is clear that you were
separated after you were offered and refused alcohol
rehabilitation treatment, as indicated in your statements. The
record clearly shows that on 22 April 1998 you received an
honorable discharge due to alcohol rehabilitation failure, and
were assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity at the time of your service and your current
statement concerning your desires at the time of your
separation. However, your statement indicates that, you
provided competent medical authorities information concerning
your alcohol abuse and then refused treatment. Whether these
facts were true at the time or a fabrication, the fact remains
that you refused treatment, and because of this refusal you
became eligible for separation by reason of alcohol
rehabilitation failure, as approved by your commanding officer
on 31 March 1998. Assignment of a RE-4 reenlistment code is
required by regulation when an individual is discharged for
alcohol rehabilitation failure. Further, if you lied about your
alcohol use in order to be discharged, it is well settled in the
law that an individual who procures a discharge by fraud should
not benefit when the fraud is discover. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
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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