DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 10714-08
29 April 2009
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 31 March 2009. 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 reenlisted in the Navy on 5 April 1989 for four years. On 30
November 1990 you received nonjudicial punishment for an
unauthorized absence of about 11 days. The punishment imposed
included a reduction in rate and forfeitures of pay which were
suspended. You were hospitalized on 23 May 1991 and were
discharged from the hospital on 3 June 1991 with diagnoses of
alcohol dependence, schizoid personality disorder and
hypertension. You were recommended for level III alcohol
rehabilitation treatment.
On 16 October 1991 your commanding officer recommended separation
by reason of alcohol rehabilitation failure because you had
refused treatment. It was noted that you were standing by your
decision to accept severance pay and were aware that you would
lose your retirement benefits. Subsequently, the separation
authority approved discharge but directed that you be given
another opportunity to stay on active duty to qualify for
retirement. In a 1? December 1971 message your commanding
officer stated that you did not desire to stay on active duty to
qualify for retirement. Consequently, discharge was directed.
You were honorably discharged on 6 January 1992 with 19 years, 5
months and 13 days of active service and were assigned an RE-4
reenlistment code. At that time, you were paid separation pay of
$20,725.34.
In your application, you are requesting that the reason for your
discharge be changed. You state, in effect, that you were not an
alcoholic and the diagnosis was made in large part because you
were refusing treatment. You believe that your problems were
caused by a nervous breakdown and that you should have received
treatment for your mental condition and if discharge was
warranted it should have been for medical reasons.
In reaching its decision, the Board noted that there was never a
finding that you were incompetent to make decisions and that you
were given every opportunity to remain on active duty to qualify
for retirement but refused. Regulations stated that refusal of
alcohol rehabilitation was to be considered an alcohol
rehabilitation failure. The Board concluded that you were
properly discharged for that reason.
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,
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