DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3822-08
26 January 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 23 January 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.
On 26 November 2001, you reenlisted in the Navy at age 23 after
a prior period of honorable service. On 6 December 2002, you
had nonjudicial punishment for drunken and reckless driving.
Based on the information currently contained in the record, it
appears that you were subsequently found to be an alcohol
rehabilitation failure. It also appears that your commanding
officer recommended you for administrative separation by reason
of misconduct due to commission of a serious offense and
convenience of the government because of alcohol rehabilitation
failure. The record shows that your case was heard by an
administrative discharge board which recommended separation by
reason of misconduct due to commission of a serious offense and
convenience of the government because of alcohol rehabilitation
failure, and a general characterization of service. Apparently
the separation authority approved the discharge recommendation
and directed discharge by reason of convenience of the
government because of alcohol rehabilitation failure.
‘
On 15 March 2003, you received a performance evaluation which
did not recommend you for retention. On 25 April 2003, you
were honorably discharged by reason of convenience of the
government because of alcohol rehabilitation failure and
assigned an RE-4 reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are not recommended for retention or are discharged
because of alcohol rehabilitation failure. 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,
Waa
W. DEAN PFE
Executive Dirackor
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