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NAVY | BCNR | CY2006 | 08670-06
Original file (08670-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 2O37O-5100




                           TRG
         Docket No:8670-06
         29 February 2008





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 26 February 2008. 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 enlisted in the Navy Reserve on 11 May 2006 at age 25 and reported to recruit training that same day. On 25 July 2006 you were diagnosed as being alcohol dependent and were recommended for intensive outpatient treatment. You did not show commitment to complete the treatment program and on 9 August 2006 you were returned to training. On 29 August 2006, you and several others received nonjudicial punishment for unauthorized possession of disposable cameras and other items.
Based on the foregoing record, you were processed for an administrative separation by reason of misconduct. At that time, you elected to waive your procedural rights. After review, the Commanding Officer of the Recruit Training Command directed an entry level separation by reason of misconduct and you were so separated on 13 September 2006. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
You desire a change in the reenlistment code so that you can again serve in the military. You contend, in effect, that you were the only individual found in possession of unauthorized items to be processed for separation and that the assignment of the RE-4 reenlistment code was unjust.
It is clear from the record, that you were processed for separation based on the diagnosed alcohol dependence, failure to complete the alcohol treatment program and the possession of unauthorized items. The Board found that your separation from the Navy was proper. Regulations allow for the assignment of an RE-4 reenlistment code when an individual fails to complete initial training and such a code is required when an individual is separated by reason of misconduct. The Board concluded that the RE-4 reenlistment code was properly assigned and no change is warranted.
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,





                                                      W. DEAN PFEIFFER
 Executive Director

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