DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 739-09
13 March 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 25 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 27 September
2002. You were convicted by civil authorities of drunkenness on
2 May 2003, and disturbing the peace on 8 May 2003. You underwent
psychological evaluation on 3 June 2002, and were given diagnoses
of alcohol dependence and a personality disorder. On 3 July 2003,
you were released from an alcohol abuse rehabilitation program
for failing to abide by the program’s regulations. On 9
September 2003 you received nonjudicial punishment for an
unauthorized absence of 27 days duration. The punishment
consisted of an oral reprimand and restriction for 60 days, which
was suspended for six months. You absented yourself without
authority on 22 September 2003 and were declared a deserter the
following day. You returned to military control on 4 November
2003.
On 17 November 2003 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct/commission of a
serious offense and civil conviction, as well as for alcohol
abuse rehabilitation failure. After being informed of the
recommendation for separation, you waived the right to present
your case to an administrative discharge board. You were
discharged by reason of misconduct/commission of a serious
offense on 19 December 2003 with a discharge under other than
honorable conditions and assigned a reentry code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall record of
service and your command’s alleged indifference to your problems.
The Board concluded that those factors were insufficient to
warrant the upgrade of your discharge in view of your extensive
disciplinary record.
Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor is discharged by reason of misconduct. Since
you have been treated no differently than others in your
Situation, the Board could not find an error or injustice in the
assignment of your reentry code. 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,
\Qouos
W. DEAN PF R
Executive D or
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