DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 . SIN
Docket No: 09377-08
7 August 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 August 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.
You enlisted in the Navy and began a period of active duty on
7 August 2003 at age 18. On 2 December 2004, you received
nonjudicial punishment (NIP) for underage drinking. You received
restriction and extra duty. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action.
On 14 January 2005, you were screened, but did not meet the
criteria for alcohol dependence. However, you were referred to
an Alcohol Impact program, which you completed on 10 March 2005.
On 15 May 2005, you had a second alcohol related incident by
drinking underage, and on 27 July 2005, you received a second NUP
for 40 hours of unauthorized absence (UA), and disobedience, by
not refraining from drinking alcohol while underage. On
5 October 2005, you were screened and recommended for Level I
alcohoi rehabilitation treatment, which you completed on
417 October 2005. Unfortunately, on 26 December 2005, you had a
third alcohol related incident involving underage drinking,
public intoxication, and drunk and disorderly conduct.
On 18 January 2006, you received a third NJP for a brief period
of UA, disobedience, and dereliction of duty.
On 13 February 2006, administrative discharge action was
initiated to separate you by reason of misconduct, pattern of
misconduct, and alcohol abuse rehabilitation failure. On 3 March
2006, your commanding officer directed your separation, and on 27
July 2006, you received a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of the three NUP’s for underage drinking and your failure to
adhere to your command’s alcohol abuse rehabilitation program.
In this regard, an RE-4 reenlistment code is required when an
individual is discharged for alcohol abuse rehabilitation
failure. 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, 4
W. DEAN P R
Executive tor
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