DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1891-08
17 October 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 16 October 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.
On 19 March 2002, you enlisted in the Navy at age 23 and
served without incident until 6 February 2006, when you were
terminated from residential substance abuse treatment after it
was concluded that you were unamenable to treatment. On
16 February 2006, your commanding officer initiated
administrative separation by reason of convenience of the
government due to alcohol rehabilitation failure. In
connection with this processing, you acknowledged that
separation could result in a general discharge. On
2 March 2006, the separation authority approved the discharge
recommendation and directed a general discharge by reason of
convenience of the government due to alcohol rehabilitation
failure. On 9 March 2006, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to members who are discharged due to alcohol rehabilitation
failure. Given your termination from substance abuse treatment
and since you have been treated no differently than others in
your situation, the Board could not find an error or injustice
in the assignment of the RE-4 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,
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