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NAVY | BCNR | CY2007 | 04648-07
Original file (04648-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100


CRS
                                                                                          Docket No: 4648-07
                                                                                          29 October 2007


Dear
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 17 October 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 enlisted in the Navy on
27 September 1997. On 11 December 2000 you received nonjudicial punishment for an unauthorized absence. On
15 August 2005 your commanding officer noted in your enlisted evaluation that you had failed Level III of the Alcohol Abuse Rehabilitation Program. On the same date you received an honorable discharge by reason of alcohol abuse rehabilitation failure and assigned a reentry code of RE-4. The specific facts and circumstances of your discharge processing are not contained in the available record.
Applicable regulations require the assignment of an RE-4 reentry 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 reentry code. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.


The Board did not consider whether your reason for separation
should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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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