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Decision Text

NAVY | BCNR | CY2002 | 00580-02
Original file (00580-02.pdf) Auto-classification: Denied
D E P A R T M E N T O F  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  

ELP 
Docket No. 580-02 
17 May 2002 

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 Navy Records, 
sitting in executive session, considered your application on 
15 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. 

The Board found that you reenlisted in the Navy on 23 February 
1988 for three years.  The record reflects that you served 
without incident until 30 October 1988 when you were arrested for 
driving under the influence (DUI).  On 21 November 1988 the 
counseling and assistance center (CAAC)  advised the commanding 
officer (CO) that you were not psychologically dependent on 
alcohol, and you were motivated for further productive service. 
The CAAC recommended that you be enrolled in the Navy Alcohol and 
Drug Safety Action Program and placed on the command's level I 
program. 

On 20 December 1988 the DUI was dismissed and you pled guilty to 
a lesser charge of "wet wreckless."  You were sentenced to 90 
days in jail, fined $690, and three years of probation.  The jail 
term was suspended. 

You served without further incident until 23 February 1990 when 
you were arrested again for DUI.  You were again interviewed by 
the CAAC, which noted that you had committed two DUI1s in a 16 
month period.  The CAAC advised the CO that it now appeared that 
you were psychologically dependent on alcohol, and recommended 
that you be scheduled for treatment at an inpatient 
rehabilitation facility. 

On 19 July 1990 you were notified that you were being considered 
for discharge by reason of misconduct due to civil conviction. 
You objected to discharge and elected to present your case to an 
administrative discharge board  (ADB).  In the enlisted perfor- 
mance evaluation for the period 1 December 1989 to 20 July 1990, 
you were assigned adverse marks of 1.0 in the rating categories 
of "reliabilityw and "personal behavior."  You were not recom- 
mended for retention or advancement. 

Thereafter, the CO recommended that you be disqualified for 
submarine duty and decertified from the Personnel Reliability 
Program (PRP) , and notified the Navy Central Adjudication 
Facility that your security clearance had been withdrawn.  You 
submitted a rebuttal to the recommendation for decertification 
from the PRP, asserting that you were not a security risk and 
that your reliability had been strengthened because your drinking 
had ceased, and you had been attending Alcohol Anonymous meetings 
since February 1990. 

On 8 August 1990 you appeared before an ADB  with counsel.  The 
ADB  by a 3-0 vote, found that you had committed misconduct due 
to the civilian conviction for DUI and commission of a serious 
offense by receiving two civil convictions during the current 
enlistment, and recommended separation.  By a 2-1 vote, the ADB 
recommended an honorable discharge.  Thereafter, the CO 
recommended discharge and stated that you would be afforded 
the opportunity to seek treatment through the Veterans 
Administration. 

The r8ei:ord r e f l e c k s   that on 22 August 1990 the C u n u n a n d e r ,   Naval 
Military Personnel Command  (CNMPC) approved the recommendation 
that you be disqualified for submarine duty by reason of 
demonstrated unreliability and directed removal of the enlisted 
submarine designator  (SS), and stated that you were no longer 
entitled to wear the submarine breast insignia.  On 28 August 
1990, CNMPC directed separation with an honorable discharge by 
reason of misconduct due to civil conviction.  You were so 
discharged on 7 September 2000 and assigned an RE-4 reenlistment 
code. 

Regulations require the assignment of an RE-4 reenlistment code 
to individuals who are discharged by reason of misconduct due to 
civil conviction.  Despite your contentions the contrary, removal 

of your SS designator was an administrative action and not a 
punitive one.  Reinstatement of the SS designator falls under the 
purview of Commander, Naval Personnel Command and not this Board. 
There is no merit to your claim that an ADB was convened only 
because you did not have sufficient time remaining on your 
enlistment to be sent to alcohol rehabilitation treatment and 
were you unwilling to extend the enlistment.  The Board could 
find no error or injustice in your assigned reenlistment code 
since you were treated no differently than others discharged 
under similar circumstances.  In this regard, an RE-4 
reenlistment code must be assigned to an individual discharged by 
reason of misconduct.  The Board noted that since you discharge 
you have worked in the defense industry, for the Peace Corps and 
the United Nations; and are currently finishing your doctorate in 
economics.  However, this does not provide a valid basis for 
changing a correctly assigned reenlistment code.  The Board 
concluded that the reenlistment code was proper and no change is 
warranted.  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 P F E I F F E R  
Executive Director 



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