DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7697-09
4 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 27 May 2010. 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 6
August 2002 at age 18. On 6 February 2008, you received
nonjudicial punishment (NIP) for drunk driving and reckless
endangerment. Based on the information currently contained in
your record it appears that you were subsequently involuntarily
processed for an administrative separation. In connection with
this processing, you would have acknowledged the separation
action and the separation authority would have approved a
recommendation for separation. The record clearly shows that on
22 February 2008, you were separated with a general discharge due
to alcohol rehabilitation failure. At that time you were
assigned an RE-4 reenlistment code, which means that you were
neither recommended nor eligible for reenlistment.
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 recharacterization
of your discharge given your NUP and failure to complete your
command’s alcohol rehabilitation program. Finally, an RE-4
reenlistment code must be assigned to all Sailors 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,
\aSyoa ©
W. DEAN P
Executive \Di cor
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