DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 10530-09
8 July 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.
The Board did not consider your request to upgrade your general
discharge to honorable. You have not exhausted your
administrative remedies. Any discharge less than 15 years old
must be reviewed by the Naval Discharge Review Board (NDRB). I
have enclosed a copy of NDRB’s application for your
convenience.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 30 May 2006. You were convicted by a
civilian court and received nonjudicial punishment for two
instances of driving under the influence of alcohol. After
your civil conviction, you completed alcohol rehabilitation.
You also failed two Physical Fitness Assessments. On 20 March
2009, you were notified that your commanding officer was
recommending you for administrative separation with a general
discharge due to alcohol rehabilitation failure. You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 26 March 2009, you
received a general discharge due to alcohol rehabilitation
failure, and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire for a better reenlistment code. However, the Board
concluded that your reenlistment code should not be changed due
to your two alcohol-related offenses. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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,
aw
W. DEAN P F
Executive ir °
Enclosure
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