DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8000-08
12 June 2009
Dear a
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 10 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 January 1998 at age 18 and began a
period of active duty on 22 July 1998. Your record reflects that
during the period from 4 November 1998 to 14 February 2001 you
received nonjudicial punishment (NJP) on three occasions for two
specifications of assault, failure to obey a lawful order, and
insubordination. The record reflects that you were also enrolled
in an alcohol rehabilitation program.
On 1 July 2002 you reenlisted in the Navy and served for nearly
two years without incident. Nonetheless, after your self-
referral for alcohol abuse treatment, you were diagnosed with
alcohol dependency and underwent treatment during the period from
6 August to 20 October 2004. Subsequently, you were assigned to
out patient care and an aftercare regimen.
On 6 October 2005 you received NUP for failure to obey a lawful
order, drunkenness, and reckless driving. On 21 October 2005 you
were notified of pending administrative separation action by
reason of misconduct due to commission of a serious offense and
convenience of the government due to alcohol rehabilitation
failure. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
22 November 2005 an ADB recommended discharge under honorable
conditions by reason of convenience of the government due to
alcohol rehabilitation failure. However, the ADB also
recommended that the discharge be suspended for 12 months. Your
commanding, in concurrence with the ADB, also recommended you be
issued a general discharge, but did not concur with the
recommendation for suspension. On 20 January 2006 the discharge
authority approved the recommendations for separation and
directed your commanding officer to issue you a general discharge
by reason of alcohol rehabilitation failure. On 2 February 2006
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. potentially mitigating factors, such as
your desire to change your reenlistment code. It also considered
your assertion that you had completed an alcohol rehabilitation
program. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code.
Further, the Board concluded that your alcohol related misconduct
was sufficient to support your rehabilitation failure and an RE-4
reenlistment code. Accordingly, your application has been
denied.
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,
\S
W. DEAN P
Executive Di
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