DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 03745-08
20 February 2009
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 18 February 2009. 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
7 October 1999 at age 19. On 9 March and 13 December 2000, you
received nonjudicial punishment (NUP) for underage drinking,
disobedience, drunkenness, and absence from your appointed place
of duty. Additionally, you were counseled and warned that
further misconduct could result in administrative discharge
action.
Based on the information currently contained in your record it
appears you were offered the opportunity, but refused to
complete, a mandatory alcohol rehabilitation program.
Subsequently, on 20 December 2000, administrative discharge
action was initiated to separate you by reason of alcohol
rehabilitation failure. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board. You elected only to obtain
copies of documents supporting the basis for separation. Your
commanding officer recommended separation with a general
discharge by reason of alcohol rehabilitation failure. He
stated, in part, that you were unsuitable for continued service
based on your lack of desire to conform to the regulation
requirements and standards of the Navy. You were so discharged
on 11 January 2001. At that time, you were assigned an RE-4
reenlistment code. In this regard, an RE-4 reenlistment code is
required when an individual is separated due to alcohol
rehabilitation failure.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the character letter accompanying your
application, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change in the
reenlistment code given your record of two NJP’s involving
alcohol and failure to adhere to your command’s rehabilitation
program. 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,
dew
W. DEAN PF
Executive oO
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