DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4516-08
5 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 4 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.
On 14 May 2002, you enlisted in the Navy at age 21. During the
period 15 November 2002 to 8 January 2004, you had nonjudicial
punishment (NUP) on three occasions. Your offenses included
two instances of unauthorized absence, dereliction in the
performance of your duties, missing the movement of your ship,
and assault. On 28 February 2005, you were involved in an
unspecified alcohol related incident. During April 2006, you
completed an alcohol rehabilitation program. On 27 June 2006,
you had NJP for drunken and reckless driving that occurred on
27 May 2006. On 2 August 2006, you completed another alcohol
rehabilitation program.
On 30 November 2006, your commanding officer recommended you
for retention and requested a waiver for your alcohol
rehabilitation failure. On 28 December 2006, the separation
authority disapproved the request and directed that you be
——. discharged by reason of non-retention on active duty and
assigned an RE-4 reenlistment code. On 26 January 2007, you
were honorably discharged by reason of non-retention on active
duty and assigned an RE-4 reenlistment code.
Regulations authorize assignment of an RE-4 reenlistment code
to members who are discharged due to non-retention on active
duty. Given your misconduct, alcohol rehabilitation failure,
and the fact that the separation authorities were ordered to
issue you an RE-4 reenlistment code, 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. The Board also noted that you were
fortunate to have been honorably discharged due to non-.
retention on active duty, since your misconduct met the
requirements established by regulations for an other than
honorable discharge due to misconduct. 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 igs on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
Wout ,
W. DEAN P R
Executive ctor
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