DEPARTMENTOFTHE NAVY
B O A R D FOR 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 20370-5100
a
"k.
FC
Docket No: 01288-03-
31 July 2003
his 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 23 July 2003. 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.
The Board found that you enlisted in the Navy on 23 May 2000 at
age 18. On 19 April 2001, you were counseled about drug and
alcohol abuse and directed to abstain from such abuse and to
complete alcohol and drug abuse treatment.
On 17 May 2001 you were notified of administrative separation
processing because of drug rehabilitation failure. On that same
day, you signed a service record page acknowledging the
assignment of an RE-4 reenlistment code. Although the documents
concerning your administrative separation processing are not in
the record, the Board presumed that you were properly processed
for separation. The record clearly shows that on 18 May 2001,
you received an honorable discharge by reason of drug
rehabilitation failure because of your failure to comply with
treatment rules following two weeks in the partial
hospitalization treatment program.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to drug
or alcohol rehabilitation failure. Accordingly, given the
reason for your separation and your failure to comply with
alcohol and drug treatment rules, the Board concluded that the
RE-4 reenlistment code was properly assigned. Accordingly, your
request 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,
Executive Di
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