DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
10 September 2002
3274-02
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 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together.with all material submitted in support
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.
You enlisted in the Navy on 30 December 1996 at age 22.
satisfactorily completed initial training and on 3 June 1997 you
reported to the USS ARLIEGH BURRS (DDG 51).
were referred for a competency for duty evaluation because you
smelled of alcohol and the blood alcohol content was found to be
-024.
dependent.
level III alcohol rehabilitation program and were hospitalized
from 11 August to 8 September 1997.
Five days later, you were screened and found to be alcohol
Subsequently, you were referred for an inpatient
On 18 July 1997, you
You
A psychiatric evaluation,
part, as follows:
dated 29 September 1997, states, in
.
.
. has long standing insomnia & depressed mood. . . . .
Several UA charges & pending
Board) for pierced tongue.
.
had one beer
cancer. . . . . Command plans to admin sep for Level III
failure
DRB (Disciplinary Review
Pt ambivalent about USN.
- 8d ago. Recently learned mother has
6 (continuing) disciplinary problems.
Based on the foregoing record you were processed for an
On 3 October 1997 you were issued a
administrative discharge.
general discharge by reason of alcohol rehabilitation failure.
At that time, you acknowledged that you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
In your application you are requesting recharacterization of your
discharge to honorable, a change in the reason for discharge and
an RE-1 reenlistment code.
level III program and had no aftercare requirements.
state that you told the drug and alcohol program advisor that you
had occasionally consumed wine with dinner and this resulted in
your discharge due to rehabilitation failure.
You believe this
action was improper because you had no alcohol related incidents.
You state that you completed the
You further
In support of your application you have submitted an evaluation
from a mental health professional.
The evaluation states, in
part, as follows:
He told me he rarely drinks, only at a social
I have an acquaintance who knows (him)
level:"'
personally, and I ask (sic) him about his alcohol use.
He voiced to me that he has never seen him intoxicated,
or under the influence of alcohol.
. . .
. When the crises came up with his ill
I did not find an abuse or dependency related to
What I suspect happened with his discharge
alcohol.
from the Navy previously was that there was present at
that time some 5 years ago, a degree of emotional
immaturity
relative, mixed with a value of he must do his best, he
became confused, anxious,
withdrawn.
dependency, and was misdiagnosed as alcohol dependent.
.
situations like this now, in a military environment,
his responses were appropriate.
He also appears to
have made significant resolution with the issues
related to his emotional immaturity.
When I examined his ability to deal with
I think this was confused with alcohol
somewhat depressed and
. . . .
.
.
.
.
. What I see is a man who would make a good
.
.
.
soldier.
his issues at an acceptable level.
for military duty.
He has no alcohol problems.
-
He deals with
He is well suited
You have also submitted evidence of a good work
discharge.
record since your
The Board found that these contentions were not
warrant recharacterization of your discharge or
reason for your discharge.
The Board noted the evaluation
sufficient to
to change the
2
completed almost five years after your discharge was based solely
on an interview that was conducted when you were not under stress
and when you had an incentive to be on your best behavior.
Therefore, the Board found the evaluation was insufficient to
overcome the diagnoses of alcohol dependence made prior to
referral for alcohol rehabilitation,
When you completed the inpatient
rehabilitation program.
program, you were also required to complete the aftercare
program.
continued to have disciplinary problems and admitted to alcohol
use during aftercare.
The Board concluded that the general
discharge by reason of rehabilitation failure was proper as
issued and no change is warranted.
According to the subsequent psychiatric evaluation, you
and by the experts at the
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to alcohol rehabilitation
failure.
discharged for that reason,
injustice in the assignment of the RE-4 reenlistment code.
Since you have been treated no differently than others
the Board could not find an error or
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
3
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NAVY | DRB | 2004_Navy | ND04-00553
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