DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09878-08
26 November 2008
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 25 November 2008. 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
14 January 1987 at age 18. On 4 June 1987, you were diagnosed
with alcohol dependency. Consequently, you were sent to a
Counseling and Assistance Center (CAAC) for evaluation. On
1 July 1987, you received nonjudicial punishment (NJP) for
absence from your appointed place of duty.
On 27 July 1987, administrative discharge action was initiated to
separate you by reason of alcohol abuse rehabilitation failure
due to your refusal to accept treatment. You elected not to
consult counsel, have your case heard before an administrative
discharge board, and did not object to the administrative
discharge action. On 10 August 1987, you received a general
discharge due to alcohol rehabilitation failure. At that time,
you were not recommended for retention and assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the character letter accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
because of the NUP and your failure to adhere to your command’s
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,
\s
W. DEAN P
Executive Di
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