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NAVY | BCNR | CY2007 | 03975-07
Original file (03975-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


CRS
                                                                                          Docket No: 3975-07
                                                                                          28 February 2008




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 13 February 2008. 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.
The Board found that you enlisted in the Navy on 21 November 1989. On 10 May 1991 you were convicted by civil authorities of drunk driving and speeding. Based on the circumstances of those offenses, you were referred for alcohol abuse evaluation. On 22 May 1991 you were examined by a physician, who determined that you gave a history of alcohol abuse and evidence of physical dependence on alcohol. He recommended that you undergo detoxification and be referred for alcohol rehabilitation treatment, and noted that you refused to take Antabuse. You were discharged by reason of alcohol abuse rehabilitation failure on 20 June 1991, and assigned a reentry code of RE-4.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your personal and family problems, and your contention that you refused alcohol rehabilitation treatment so that you would be expeditiously discharged from the Navy. The Board concluded that those factors were insufficient to warrant a change in the reason for your discharge.
Applicable regulations require the assignment of an RE—4 reenlistment code to individuals discharged due to alcohol abuse
 rehabilitation failure. Since you have been treated no differently than others discharged for that reason, the Board could not find an error or injustice in the assignment of the RE-4 reentry 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 Di r ector

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