DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No; 01135-09
8 December 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 1 December 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
27, December 1996 at age 18. Based on the information currently
contained in your record, you served without incident for over
two years until 26 March 1999, when you received nonjudicial
punishment (NUP) for disobedience and assault. On 5 May 1999,
you began a period of unauthorized absence (UA). that lasted up
until you were discharged under honorable conditions in absentia
on 15 June 1999 due to alcohol abuse rehabilitation failure. At
that time you were 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 found that
these factors were not sufficient to warrant changing your
reenlistment code because of your NUP, failure to adhere to your
command’s rehabilitation program, and UA at the time of your
discharge. 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.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy by
applying to the Naval Discharge Review Board (NDRB). You may
apply to NDRB by submitting the attached DD Form 293.
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,
Widead
W. DEAN PF
Executive Dixetito
Enclosure
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