DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9115-05
28 March 2006
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 28 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.
error or injustice.
The Board found that you reenlisted in the Navy on 29 February
2000 after more than four years of prior active service. The
punishment (NJP) for dereliction of duty and drunk and disorderly
conduct. The punishment imposed consisted of a reduction in rate
from petty officer second class (GMG2; E-5) to petty officer
third class (GMG3; E-4) and restriction for 45 days. On 14 March
2003 you received a second NUP for improper consumption of
alcohol. The punishment imposed consisted of reduction in rate
from GMG3 to seaman (SN; E-3), restriction and extra duty for 45
days, and a forfeiture of pay, which was suspended.
reenlistment code of RE-4. In his letter forwarding your case to
the Bureau of Naval Personnel, the commanding officer stated that
you would not stop drinking.
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 recharacterization of your discharge, given
your alcohol abuse and two disciplinary actions. Based on the
foregoing, the Board concluded that no change to the discharge is
warranted.
Applicable regulations require the assignment of an RE-4
reenlistment code to individuals discharged because of alcohol
abuse rehabilitation failure. 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.
With respect to your contention that the two NUP’s were unjust
and you should be restored to GMG2, the Board concluded that the
evidence supports the commanding officer’s determination that you
committed the offenses and that reductions in rate were
appropriate.
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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