DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 02050-09
10 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 9 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
14 June 2004, at age 19. On 21 September 2007, you completed
Level ITI alcohol rehabilitation treatment. However, it was
documented that you only attended one out of three of the ,
required weekly meetings. Therefore, on 8 January 2008, you were
deemed an alcohol rehabilitation failure. On 10 February 2008,
you were informed that administrative discharge action was
initiated by reason of alcohol rehabilitation failure. Your
commanding officer forwarded his recommendation that you be
discharged under honorable conditions by reason of alcohol
rehabilitation failure. The discharge authority directed an
honorable discharge. On 29 February 2008, you were so
discharged. 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 the reason
of your discharge, given your record of the failure to complete
the alcohol rehabilitation counseling. The Board noted that
applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated 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,
Woass
W. DEAN P
Executive to
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