DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10014-0909
25 June 2010
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 23 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
3 August 1993 at age 19. Based on the information currently
contained in your record it appears that you were subsequently
involuntarily processed for an administrative separation for drug
rehabilitation failure. 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 21 June 1994, you were
discharged with an honorable characterization of service due to
drug 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 changing your ;
reenlistment code given your failure to complete your command’s
- drug: rehabilitation program. Finally, an RE-4 reenlistment code
must be assigned to all Sailors discharged due to drug
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,
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2010. Finally, an RE-4 reenlistment code must be assigned to all Sailors discharged due to alcohol rehabilitation failure. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. Shortly thereafter, on 13 July 2006, you were notified of pending administrative separation action due to alcohol abuse rehabilitation failure...
NAVY | BCNR | CY2009 | 13161-09
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