DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
1 November 2002
0198-02
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.
considered your
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 23 October 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.
statement furnished by
and your rebuttal statement of 1 October 2002.
Documentary material considered by the Board consisted
Your allegations of error and
In addition, the Board considered a
Phillip Miller dated 20 May 2002
PNCS(SW)
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 reenlisted in the Navy on 28 March 1996
for six years as a petty officer first class (E-6) after over 12
years of active service.
Your record further reflects that you
were awarded your third Navy Achievement Medal in April 1996 and
were advanced to chief petty officer (E-7) on 16 August 1996
Your record further shows that you were hospitalized for alcohol
detoxification between 14 to 16 October 1997, and subsequently
returned to your command for immediate assignment to an alcohol
treatment program.
Although your record does not contain the
documents concerning your alcohol abuse treatment, it is clear
from your statements and available documentation that you
refused to participate in your alcohol rehabilitation program.
In your statement of 1 October 2002 you stated, in part, as
follows:
I had almost completed level II when my counselor asked me
if I would ever drink again and I told her the truth, I had
no desire to drink again but I did not know what the future
She said that I must be able to tell her yes I will
held.
never drink again, I told her I did not ever want to drink
again but who knows what would happen in the future.
She
told me I was not getting the program and that I would need
to start all over again, this time level III, I refused due
I was attending twice as many
to I was getting the program,
AA meetings a week as required,
I already had a sponsor and
was making plans for the future to getting back in the
church on a regular basis.
.
. I did sign myself out of treatment and returned to my
.
command and was instructed to return to treatment or be
discharged.
the discharge.
I elected not to return to treatment and took
It also appears that, your commanding officer personally
attempted to convince you to return for treatment, but, you
refused further treatment 'and elected to be discharged.
On 24 November 1997 you were notified of proposed administrative
separation processing by reason of alcohol rehabilitation
failure.
your case to an administrative discharge board
elected only to obtain copies of documents that would be
forwarded to support the basis for the proposed separation.
You were advised of and waived the right to present
(ADB).
You
During your separation physical of 25 November 1997, you stated
that you had recently lost 20 pounds due to excessive drinking,
had nervous trouble from drinking,
and had been diagnosed as a
chronic alcoholic.
The attending physician noted during the
physical that you had lost 24 pounds over a four-month period
and that your hands shook as a result of your excessive
drinking.
On 1 December 1997 you were honorably discharged by reason of
alcohol rehabilitation failure and assigned an RE-4 reenlistment
code.
However, the Board concluded that you
In its review of your application the Board carefully weighed
all potentially mitigating factors such as above average service
record and your contention that you are not an alcoholic or a
rehabilitation failure.
were medically diagnosed as alcohol dependent, failed to
complete a program of treatment,
Your refusal to participate in the program, by regulation,
constitutes rehabilitation failure and authorized your
separation.
by regulation when an individual is discharged for alcohol
rehabilitation failure.
denied.
furnished upon request.
your application has been
The names and votes of the members of the panel will be
Assignment of a RE-4 reenlistment code is required
and refused further treatment.
Accordingly,
The Board did not consider whether your reason for separation
should be changed because you did not make such a request in
your application and you have not exhausted your administrative
remedies by submitting an application to the Naval Discharge
Review Board (NDRB).
attached DD Form 293.
You may apply to NDRB by submitting the
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
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