DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100
TAL
Docket No: 8975-09
11 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 9 June 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
24 February 2004 at age 23. You received nonjudicial punishment
(NJP}) on two occasions for failure to obey a lawful order, drunk
and disorderly conduct, incapacitation in the performance of
duties, and drunken operation of a vehicle. On 24 January 2005,
you were convicted by civil court for reckless driving and
sentenced to pay a fine of $150 and $66 court cost. You were
counseled twice regarding your misconduct and warned that further
offenses could result in administrative separation. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for an
administrative separation. It also appears that you failed to
complete formal alcohol rehabilitation. In connection with this
processing, you would have acknowledged the separation action and
the discharge authority would have approved a recommendation for
separation. The record clearly shows that on 17 August 2007, 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
mor eligible.
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 two NdPs, civil conviction 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,
W. DEAN PFEIFRE
Executive Direst
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