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NAVY | BCNR | CY2005 | 09865-05
Original file (09865-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TRG
 Docket No: 9865-05
 30 November 2006






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 28 November 2006. 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.
You enlisted in the Navy on 22 February 2001 at age 21. Although the record is incomplete, you were apparently involved in an alcohol related incident in April 2004 and were referred for substance abuse screening. The subsequent report of that screening stated, in part, as follows:
This service member has received substance abuse treatment as a result of previous alcohol related incidents, and as such is a treatment failure .... He should be processed for an administrative separation.
However, it was also recommended that you be scheduled for Level III treatment. On 13 September 2004 you were admitted to a substance abuse rehabilitation program. You were discharged from the program with a diagnosis of alcohol and nicotine dependence. It was noted that you had met the minimal criteria to complete treatment.
On 12 October 2004, you were notified of separation processing by reason of alcohol rehabilitation failure. After review, this
 recommendation was approved and you were honorably discharged on 3 December 2004.
Since the available records indicate that you were an alcohol rehabilitation failure, the Board concluded that you were properly discharged for that reason and a correction to your record is not warranted. Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of alcohol rehabilitation failure. 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. 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 PFEIFFER
Executive Director
























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