DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02502-08
24 November 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 20 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 on 30 July 2001, and served without
disciplinary incident. However, on 16 February 2006, due to an
alcohol-related incident not resulting in nonjudicial punishment,
you were afforded the opportunity to attend the Substance Abuse
Rehabilitation Program (SARP) for treatment. At the end of your
treatment, you were diagnosed with “episodic excessive alcohol
abuse”, binge drinking, and were advised to refrain from any
further use of alcohol.
However, after the completion of SARP, you continued to consume
alcohol. Therefore, in April 2007, you were processed for
alcohol rehabilitation failure and were afforded your right to
consult with legal counsel. You received an other than honorable
(OTH) discharge and an RE-4 reenlistment code on 30 April 2007.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you did not receive SARP treatment a
second time, prior to your separation. However, the Navy is not
required to send a service member to SARP a second time for an
additional alcohol-related incident prior to your separation.
Once you were discharged, you could have received treatment from
the Department of Veterans Affairs due to your honorable
discharge characterization. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your RE-
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,
W. DEAN P
\
Executive tor
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