DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2458-08
29 September 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, as amended, in which you requested that
you be assigned a more favorable reentry code.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 August 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 6 September
1990. On 10 September 1990, you were counseled concerning your
fraudulent entry into the naval service by concealing your
history of drug abuse and “civil involvement”. On 25 March 1992
you received nonjudicial punishment for stealing a Department of
Defense (DOD) decal. In a counseling entry dated 2 April 1992
you were advised of the probable consequences of any further
misconduct. On 19 May 1993 you were given diagnoses of alcohol
dependence and a dependant personality disorder. Provisional
diagnoses of panic disorder and agoraphobia were added on 14
August 1993. On 23 August 1993, you told a psychiatrist that you
had started to drink again. The psychiatrist found that although
you were not a suicidal risk at that time, you might present a
threat of harm to yourself if returned to sea duty. The
psychiatrist concluded that you were an alcohol abuse
rehabilitation failure, and recommended that you be expeditiously
discharged on that basis.
On 6 October 2006 an administrative discharge board (ADB)
recommended that you be separated from the Navy with a general
discharge by reason of misconduct/commission of a serious offense
based on the theft of the DOD decal, and for alcohol abuse
rehabilitation failure. On 20 October 1993 you were discharged
in accordance with the approved findings and recommendation of
the ADB. You were assigned a reentry code of RE-4,
On 3 November 1993 the Bureau of Naval Personnel informed your
command that you did not qualify for discharge by reason of
misconduct/commission of a serious offense, since you did not
violate your prior counseling entry, and that a return to
drinking without an alcohol related incident did not constitute
alcohol abuse rehabilitation failure. On 14 December 2006 the
Naval Discharge Review Board (NDRB) upgraded your discharge to
honorable and changed its basis to Secretarial Authority, based
on its determination that the evidence of record did not support
your separation by reason of misconduct or alcohol abuse
rehabilitation failure, and that although you might have been
discharged properly for the convenience of the government due to
your personality disorder, you were not processed for discharge
on that basis.
The Board noted that applicable regulations permit the assignment
of reentry code of RE-4 when a service member is discharged by
reason of Secretarial Authority. The Board concluded that a
reentry code of RE-4 is appropriate in your case, given your long
history of drug and alcohol abuse, personality disorder, return
to drinking and failure to comply with your aftercare plan, the
misconduct for which you received nonjudicial punishment on 25
March 1992, the possible threat of self-harm you posed if
returned to sea duty, and your demonstrated inability to tolerate
sea duty. 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,
See Golf
W. DEAN PFE E
Executive D or
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