DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
						2 NAVY ANNEX
	WASHINGTON DC 20370-5100 

	Docket No:	09116-03
3 August 2004

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 27 July 2004. 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.

ou enlisted in the Navy ~n 20 September 1999 at age 20. On 23 September 1999, a mental health/substance use evaluation wa~ conducted. That evaluation showed that you were alcohol dependent and had an antisocial personality disorder. It also found that these conditions existed prior to your enlistment. On 6 October 1999, you acknowledged the diagnosis of alcohol dependence and that you were ineligible for level III inpatient treatment, and were advised to seek treatment from a civilian treatment facility.

The commanding officer then initiated administrative separation action by reason of defective enlistment and induction due to erroneous enlistment as evidenced by the diagnoses of alcohol dependence and personality disorder. On 6 October 1999, after you were advised of your rights and elected not to consult with counsel, you waived all of your procedural rights except the right to obtain copies of the documents used to support the basis for the separation.

Subsequently, on 7 October 1999 the your commanding officer directed discharge with an uncharacterized entry level separation by reason of defective enlistment and induction due to erroneous enlistment as evidenced by alcohol dependence and the personality disorder. You were so discharged on 13 October 1999. At that time, you were assigned a reenlistment code of RE-4. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to erroneous enlistment based on a diagnosis of alcohol dependence. Further, you would not have been enlisted had the Navy been aware of that condition. Therefore, separation due to erroneous enlistment was appropriate. Finally, and entry-level separation is routinely assigned to individuals, such as yourself, with less than 180 days of active duty. The Board thus concluded that there is no error or injustice in your case. 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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