DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SUN
Docket No: 10244-0909
23 duly 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 20 July 2010. The names and votes of the members
of the panel will be furnished upon request. 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
20 June 2006. The Board found that you received nonjudicial
punishment (NUP) for failure to obey a lawful general order
(wrongfully consuming and possessing alcoholic beverages while in
Phase I liberty status). Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Further, you were offered and refused the
opportunity to attend substance abuse rehabilitation treatment.
Your case was forwarded recommending that you receive a general
discharge. You were so discharged on 8 June 2007. 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, record of
‘service, and desire to change your RE-4 reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your RE-4 reenlistment
given your NUP for a serious offense and refusal to participate
in alcohol rehabilitation. In this regard, you were assigned the
appropriate reenlistment code based on your circumstances.
Accordingly, your application has been denied.
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,
\StonS ‘
we Sa Sen
Executive rector
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