DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 7494-08
12 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 9 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 13 October 2000 at age 30 and began a
period of active duty on 14 November 2000. Your record reflects
that you served without disciplinary infraction for three years.
Nonetheless, the record reflects that in March 2003, after being
diagnosed with alcohol dependency, you were enrolled in a Level
TII inpatient alcohol rehabilitation program, which included a
continual aftercare regimen. Your record also reflects that
during the period from 10 November to 17 December 2003 you were
in an 11 day period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities,
convicted by civil authorities of driving under the influence of
alcohol, and received nonjudicial punishment (NTP) for a seven
day period UA and an unknown offense.
As a result of another alcohol related incident on 6 November
2003, on 21 January 2004, you were again convicted by civil
authorities of driving under the influence of alcohol. It
appears that you were again actively participating in another
Level III rehabilitation program and as a result, in October
2004, you were recommended for completion of continuing
aftercare.
In March 2005 your commanding officer recommended you be
processed for an administrative separation by reason of alcohol
rehabilitation failure as evidenced by your two civil convictions
for driving under the influence of alcohol while enrolled ina
Level III rehabilitation aftercare program. This recommendation
further stated that you were not recommended for retention or
reenlistment due to your failure of Level III rehabilitation.
Subsequently, you were processed for separation by reason of
alcohol rehabilitation failure due to failure of the Level III
rehabilitation aftercare program regimen. The discharge
authority directed your commanding officer to issue you a general
discharge by reason of alcohol rehabilitation failure and on 24
March 2006 you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your narrative reason for separation and
reenlistment code. It also considered your assertion that you
had completed an alcohol rehabilitation program. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in your narrative reason for separation or reenlistment
code. Further, the Board concluded that your alcohol related
misconduct was sufficient to support your rehabilitation failure.
Accordingly, your application has been denied.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 for consideration of an upgrade of your
discharge and a change in your narrative reason for discharge.
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,
Enclosure
NAVY | BCNR | CY2008 | 08000-08
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. On 22 November 2005 an ADB recommended discharge under honorable conditions by reason of convenience of the government due to alcohol rehabilitation failure. On 2 February 2006 you were so discharged and assigned an RE-4 reenlistment code.
NAVY | DRB | 2006_Navy | ND0600384
ND06-00384 Applicant’s Request The application for discharge review was received on 20060104. Implement survival plan.Applicant acknowledged having read and understood aftercare plan.890619: Applicantreleased from Naval Hospital, Oakland, CA having successfully completed 6 weeks Level III Alcohol Rehabilitation Treatment.890622: Treatment Summary, Alcohol Rehabilitation Department, Naval Hospital, Oakland, CA, CDR S. W. S_, MC, USNR, Head, Alcohol Rehabilitation Department: This 24 year old...
NAVY | BCNR | CY2008 | 08074-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 2009. Your record reflects that on 9 February you received counselling due to an alcohol related incident on 26 January 1990 and were subsequently assigned to a Level I rehabilitation program on 1 February 1990. The next day you received counselling for alcohol rehabilitation failure.
NAVY | DRB | 2003_Navy | ND03-00593
920224: Drug and Alcohol Evaluation: Applicant found dependent on alcohol based on a medical evaluation following Level III treatment in November 1991.920319: Civil Conviction: Duvall County Court for violation of driving under the influence on 920318.Sentence: Fined $452.50, probation for 6 months, revoked license for 6 months, community service for 50 hours, DUI school and victim impact panel.920406: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700-1900, 920319,...
NAVY | DRB | 2005_Navy | ND0501158
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to General (Under Honorable Conditions). PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19860828 – 19860922 COG Active: USN 19860923 – 19900921 HON Period of Service Under Review :Date of Enlistment: 19900922 Date of Discharge: 19960206 Length of Service (years, months, days):Active: 05 04 15 (Does not exclude lost...
NAVY | DRB | 1999_Navy | ND99-00159
930824: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed alcohol rehabilitation failure, misconduct due to serious offense, misconduct due to civil conviction, that the misconduct warranted separation, and recommended separation be suspended for 12 months, discharge general under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was...
NAVY | BCNR | CY2013 | NR7238 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
USMC | DRB | 2005_Marine | MD0501002
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. LCpl T_(Applicant)’s Level III failure ws due to his DUI on 960601.Per the reference, I recommend that LCpl T_(Applicant) be separated from the U. S. Marine Corps by reason of level III after-care failure and alcohol dependency. I further recommend that the characterization of service be under honorable conditions (general).” 961212: Counseling: Advised of...
NAVY | BCNR | CY2002 | 03274-02
In your application you are requesting recharacterization of your discharge to honorable, a change in the reason for discharge and an RE-1 reenlistment code. He has no alcohol problems. Therefore, the Board found the evaluation was insufficient to overcome the diagnoses of alcohol dependence made prior to referral for alcohol rehabilitation, When you completed the inpatient rehabilitation program.
NAVY | DRB | 2004_Navy | ND04-01218
ND04-01218 Applicant’s Request The application for discharge review was received on 20040728. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. The summary of service clearly documents that alcohol rehabilitation failure was the reason the applicant was discharged.