DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 2018-09
30 November 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 24 November 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 enlisted in the Navy on 29 January 2002.
You received nonjudicial punishment on three occasions for
offenses that included underage drinking and wrongfully having
alcohol in the bachelor enlisted quarters. On 18 October 2002
you completed Level II Intensive Outpatient Alcohol
Rehabilitation Treatment Program. Thereafter, you received
nonjudicial punishment for an unauthorized absence, drunk
driving, and underage drinking. You received a general discharge
by reason of alcohol abuse rehabilitation failure on 18 September
2003, and were assigned a reentry code of RE-4.
The Board found that you received a general discharge because
your overall trait average was below the minimum required for an
honorable discharge. The Board found your contention to the
effect that your conduct has been outstanding since your
discharge insufficient to warrant an upgrade of your discharge.
Applicable regulations require the assignment of an RE-4 reentry
code to individuals discharged due to alcohol abuse
rehabilitation failure. Since you have been treated no
differently than others discharged for that reason, the Board
could not find an error or injustice in the assignment of the
RE-4 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,
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