Docket No 2462-21

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF   
             
 
Ref:   (a) 10 U.S.C. §1552 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
           
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect his desire to change his reenlistment code from “RE-4” to “RE-1” (recommended for reenlistment) and narrative reason for separation of “Alcohol Abuse – Rehabilitation Failure”. 
 
2.  The Board, consisting of  and  reviewed Petitioner's allegations of error and injustice on 17 May 2021, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, and applicable statutes, regulations, and policies.  
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  
 
     c.  Petitioner enlisted in the U.S. Navy on 22 November 1989.  On 10 March 1990, Petitioner was in an unauthorized status (UA) from his unit until he surrendered on 11 March 1990.  On 26 April 1990, Petitioner received his first non-judicial punishment (NJP).  Although his official military record does not contain documents pertinent to this NJP, the NJP is annotated on the Petitioner’s Enlisted Performance Record.  Petitioner subsequently received a counseling entry for his deficiencies in performance and/or conduct, specifically, dereliction in the performance of his duties by failing to stand fire door watch correctly, and failure to go to his appointed place of duty.  On 5 June 1990, Petitioner received his second NJP for unlawfully entering the student lounge. 
 
     d.  On 24 April 1991, Petitioner was referred to the Alcohol Rehabilitation Department (ARD) for substance abuse consultation, specifically, driving under the influence and underage drinking.  The medical officer (MO) provided that the Petitioner was caught out in town with a .24 blood alcohol content (failed field sobriety test) and subsequently received NJP for the said offenses.  However, there is no documentation in Petitioner’s Service record that indicates he received NJP for said offenses.  The MO recommended Petitioner attend Level III treatment for alcohol dependence.  On 17 October 1991, Petitioner was admitted to ARD for treatment. 
 
     e.  On 1 November 1991, the MO determined that the Petitioner “exhibited no emotional growth and developed no apparent insight as a patient,” and noted “it was the impression of the staff that he had expressed no motivation for involvement in any ongoing recovery program.”  Petitioner was subsequently discharged from ARD, returned to duty as a Level III treatment failure, and recommended for administrative discharge.   
 
     f.  Subsequently, on 5 November 1991, Petitioner was notified of pending administrative separation action by reason of alcohol rehabilitation failure.  Furthermore, the Petitioner was notified that he was being considered for an honorable characterization of service.  After he waived his procedural rights, and did not object to separation, Petitioner was discharged on 22 November 1991 with an honorable characterization of service by reason of alcohol rehabilitation failure, and assigned an RE-4 (not recommended for reenlistment) reentry code. 
 
     g.  The Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) reflects narrative reason for separation: “Alcohol Abuse – Rehabilitation Failure.” 
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, and in light of the Petitioner’s current narrative reason for separation, the Board concluded the Petitioner’s narrative reason for separation is not in accordance with naval regulation and warrants partial relief. 
 
In regard to the Petitioner’s request to change his reentry code from “RE-4” to “RE-1,” the Board determined relief is not warranted.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new Discharge from Active Duty (DD Form 214) and new discharge certificate indicating the narrative reason for separation as “secretarial authority.”  
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 

									5/25/2021
									Executive Director