DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORD
BOARD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
15 March 2002
4110-02
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 15 November 2002.
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.
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 Marine Corps on 8 August 1981 at age 18. On
27 May 1982 you were convicted by a summary court-martial of
disobedience, resisting apprehension, damaging property, and
drunk and disorderly conduct.
labor without confinement and a forfeiture of $300.
You were sentenced to 45 days hard
In a subsequent psychiatric evaluation, you admitted to a
preservice history of drug and alcohol abuse, and
hospitalizations following several suicide gestures.
Subsequently, documentation was received from a community
hospital to support your admissions.
your referral to an alcohol rehabilitation program.
1982 you were diagnosed as being alcohol dependent with a history
of multiple drug abuse, and administrative discharge was
recommended.
The evaluation resulted in
On 16 August
Based on your concealment of your drug and alcohol abuse history
and psychiatric hospitalizations, you were processed for
discharge by reason of fraudulent enlistment.
this processing, you stated that you did not object to the
discharge and waived your procedural rights.
On 24 September
In connection with
1982 the discharge authority approved the recommendation of your
commanding officer that you be discharged due to fraudulent
enlistment with a general discharge.
October 1982.
At that time, you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
You were so discharged on 7
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and desire to
again serve in the military.
were not sufficient to warrant recharacterization of your
discharge given your fraudulent enlistment, disciplinary record
and your diagnosed alcohol dependence.
the discharge was proper as issued and no change is warranted.
The Board concluded that
The Board found
that these factors
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to a fraudulent enlistment.
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
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. DEAR PFEIFFER
Executive Director
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