DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOFRF~S
				   2 NAVY ANNEX
                                                WASHINGTON DC 20370-5100

                                                                                                CRS 
			                      Docket No: 8161-05
                                                             1 March 2007

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 7 February 2007. 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 reenlisted in the Marine Corps on 31 August 1993 after seven years of prior active service. The record reflects that you were involved in a number of alcohol-related incidents and medically evaluated as an alcohol abuser. On 5 March 1996 you refused to attend level III alcohol rehabilitation treatment.

On 25 March 1996 an administrative discharge board recommended that you be separated with an honorable discharge by reason of alcohol rehabilitation failure. After review by the discharge authority, the recommendation for separation was approved and on 5 September 2005 you received an honorable discharge. At that time, you were assigned a reenlistment code of RE-4. Subsequently, the Naval Discharge Review Board (NDRB) changed the reason for discharge to secretarial plenary authority because you were never diagnosed as alcohol dependent.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. Nevertheless, the Board concluded that these factors were not
sufficient to warrant a change in the reason for discharge, given your continuing alcohol problem as shown by the diagnosis of alcohol abuse.

Applicable regulations require the assignment of an RE-4 reenlistment code to individuals discharged because of alcohol rehabilitation failure. Even though NDRB changed the reason for discharge to secretarial plenary authority, regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged for that reason. 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 reenlistment 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,

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