DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 8080-08
14 July 2009
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 7 July 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 22 November 2005 at age 18 and served
without disciplinary incident. However, your record reflects
that on 16 November 2006 you were in violation of the Navy’s
alcohol and drug awareness policy after admitting to consuming
alcoholic beverages while being underage.
On 1 January 2007 you were apprehended by civil authorities on
charges of domestic violence and issued a ‘no contact order’
which did not expire until 17 April 2007. Om 16 February 2007
you were suspected of underage drinking and as a result were
escorted to and ordered to remain in your barracks.
On 27 February 2007 you were notified of pending administrative
separation action by reason of convenience of the government due
to alcohol rehabilitation failure. At that time you waived your
right to consult with legal counsel and to submit a statement in
rebuttal to the discharge. Your commanding officer recommended
you be issued a general discharge due to alcohol rehabilitation
failure. However, on 8 March 2007, the discharge authority
directed your commanding officer to issue you an honorable
discharge by reason of convenience of the government due to
alcohol rehabilitation failure. On 16 March 2007 you were so
discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed ail potentially mitigating factors, such as
your youth and desire to change your reenlistment code. It also
considered your assertion that you were improperly discharged and
the letter of explanation submitted in support of your case.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your reenlistment code.
Further, the Board concluded that your rehabilitation failure was
sufficient to support the assignment of an RE-4 reenlistment
code. Finally, there is no evidence in the record and you
submitted none, to support your assertion of being improperly
discharged. 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,
W. Sey Phe
Executive D
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