DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
Y
S
WMP
Docket No:
3 October 2002
3147-02
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
application on 2 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.
Documentary material considered by the Board consisted
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 Marine Corps on 18
February 1997 for four years at age 20.
incident until you were arrested by civil authorities for
driving under the influence of alcohol and turned over to
military authorities.
You served without
On 4 March 1999 you received counseling concerning your arrest
for driving under the influence of alcohol on 4 February 1999
and warned of the consequences of further misconduct.
On 16 April 1999, you were evaluated for alcohol dependency and
found to be alcohol dependent and offered treatment in an
alcohol rehabilitation program,
You were informed that your refusal of treatment constituted
which you declined to accept.
alcohol rehabilitation failure which would result in a
recommendation for expeditious administrative separation.
On 12 May 1999, you received nonjudicial punishment (NJP) for
The punishment
failure to go to your appointed place of duty.
imposed was a forfeiture of $275 and 14 days of restriction and
extra duty.
duty were suspended for a period of six months.
The forfeitures and 7 days of restriction and extra
On 20 May 1999, the previously suspended punishment from your 12
May 1999 NJP was vacated due to your continued misconduct. On
15 June 1999,
lawful order.
and 14 days of restriction and extra duty.
you again received NJP for failure to obey a
The punishment imposed was a forfeiture of $275
On 21 July 1999 administrative separation action was initiated
You were
by reason of alcohol abuse rehabilitation failure.
advised of and waived all of your procedural rights with the
exception of obtaining copies of documents that were being
forwarded to support the basis for the proposed separation.
On 12 August 1999, your proposed administrative separation was
forwarded to the discharge authority recommending a general
discharge, which was approved by the discharge authority on 7
You were so discharged on 9 September 1999.
September 1999.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
However,
immaturity, and feeling remorseful for your actions.
the Board found your record clearly supported your discharge for
alcohol abuse rehabilitation failure based on your refusal to
participate in a treatment program.
require the assignment of an RE-4 reenlistment code to an
individual discharged for alcohol rehabilitation failure.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
Further, regulations
The names and
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.
In this regard, it is important to keep in mind that
You are entitled to have
2
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
3
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