DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09710-07
21 November 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 19 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
14 May 2007 at age 31. On 11 September 2007, a mental health
evaluation was conducted and diagnosed you with alcohol
dependence.
Based on the mental evaluation, you were processed for separation
by reason of erroneous enlistment due to the diagnosed alcohol
dependence. On 19 September 2007, you elected to consult with
qualified counsel, to submit a statement for consideration by the
separation authority, and to receive copies. of documents to be
forwarded to the separation authority, but waived all other
procedural rights. On 25 September 2007 you were discharged with
an entry level separation by reason of erroneous enlistment and
assigned a reenlistment code of RE-4.
Applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated due to
erroneous enlistment. Due to your diagnosed alcohol dependency,
the Board concluded that there is no error or injustice in your
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,
Vs
W. DEAN P F
Executive D O
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