DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3849-08
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 4 June 2003, you enlisted in the Navy at age 19.
On 21 July 2004, you had nonjudicial punishment for willful
disobedience of a lawful order, drunk and disorderly conduct,
and assault consummated by battery. You subsequently began
treatment for alcohol dependency, but were found unsuitable for
further service because you were found drinking alcohol in your
room.
On 22 October 2004, your commanding officer initiated
administrative separation by reason of convenience of the
government because of alcohol rehabilitation failure and
misconduct due to commission of a serious offense, and
recommended a general characterization of service. In
connection with this processing, you acknowledged the
separation action. On 28 October 2004, you received a
performance evaluation in which you were not recommended for
retention. On 12 November 2004, the separation authority
approved the discharge recommendation and directed a general
discharge by reason of convenience of the government because of
alcohol rehabilitation failure. On 22 November 2004, you were
so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge and reenlistment code.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing the reason for separation,
reenlistment code or recharacterization of your service due to
your misconduct and alcohol rehabilitation failure. In this
regard, regulations direct assignment of an RE-4 reenlistment
code to members who are discharged because of alcohol
rehabilitation failure and characterization of service for such
a discharge is determined by a member's overall service record.
Given your misconduct, the Board found that your service
warranted a general characterization of service. Therefore,
the Board concluded that the discharge was proper as issued and
no change is warranted. 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
nd 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 PFE
Executive D r
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