DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 10096-0608
24 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 18 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
19 April 2006 at age 18. On 19 January and 13 August 2007, you
received nonjudicial punishment (NUP) for two instances of
underage drinking and driving under the influence of alcohol.
On 16 August 2007, administrative discharge action was. initiated
to separate you by reason of alcohol rehabilitation failure.
You elected to only to obtain copies of documents that were
forwarded to the separation authority supporting the basis for
your separation,
On 27 August 2007, your commanding officer directed your
separation. He stated, in part, that after completing an
extensive in-patient Alcohol Rehabilitation Treatment Program,
you were involved in an alcohol-related incident. Further, he
stated that alcohol was the primary contributing factor in the
commission of that offense and because that incident was
subsequent to treatment precipitated by a pervious alcohol-
related incident, you were deemed an alcohol rehabilitation
failure. You were honorably discharged 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 and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reenlistment code, which was based on your problems with alcohol.
In this regard, an RE-4 reenlistment code is required when an
individual is discharged due to alcohol 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,
\PWoeN
W. DEAN PRET
Executive Di
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