DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 pra
Docket No: 10568-09
12 July 2010
From: Chairman, Board for Correction of Naval Records
Toe: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD * ak
Ref: (a) 10 WsaSeE5 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a),
Petitioner, a former enlisted member of the United States
Navy, filed enclosure (1) with this Board requesting, in
effect, that his RE-4 reenlistment code be changed.
<. The Board, consisting of Ms. vir “eel, and
Wii eviewed Petitioner's Yel bemestaters of error and
tert re on 8 July 2010 and, pursuant to its regulations,
determined that the corrective action indicated below
should be taken on the available evidence of record.
Documentary material considered by the Board consisted of
the enclosures, naval records, and applicable statutes,
regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and
injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted
all administrative remedies available under existing law
and regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed
in a timely manner, it is in the interest of justice to
waive the statute of limitations and review the application
on its merits.
c. Petitioner enlisted in the Navy on 23 October 2001,
at the age of 18. On 10 September 2002, he received
nonjudicial punishment (NUP) for failing to obey a lawful
order (underage drinking). He was screened for Intensive
Outpatient Treatment for abuse of alcohol in September
2002. In December 2002, he attended treatment but was
discharged from the program as a failure on the second to
last day for the following reasons: He arrived five
minutes late to a workshop, and he missed an afternoon
physical training session, for which he arrived early,
could not find the mustering petty officer, and proceeded
to conduct exercises on his own. He was then deployed in
support of Operation Iraqi Freedom and upon his return was
reenrolled in the program. In October 2003, while
attending the program, he received three “strikes” for the
following reasons: He misunderstood his nightly journal
assignment, he attended a mandatory barbeque, which was
held on a Saturday, in windy and rainy conditions, but only
stayed 20 minutes, and he lost his homework folder. This
resulted in an alcohol rehabilitation failure. On 28 June
2004, his commanding officer requested a waiver with a very
strong endorsement to the Bureau of Naval Personnel
(BUPERS) for him to remain on active duty. However, BUPERS
denied the request.
ad. At the time of his discharge his commanding officer
(CO) rated him with an early promote 4.0 evaluation and
recommended him for retention based on his performance.
His CO noted that he was the epitome of a hard working,
dedicated Sailor, that he was the driving force in
establishing a sound divisional training program and he was
the motivator for juniors and seniors in accomplishing any
task.
CONCLUSION :
Upon review and consideration of all the evidence of
record, the Board concludes that Petitioner's request
warrants favorable action. The Board notes his honorable
intentions and patriotism to his country and bases its
recommendation on his loyalty, and desire, to serve his
country. The Board also notes that he was deemed an
alcohol rehabilitation failure for very minor infractions
not involving the abuse of alcohol. Accordingly, the Board
concludes that, as a matter of equity, relief in the form
of upgrading his reenlistment code from an RE-4 to an RE-1,
changing the separation authority to the Military Personnel
Manual (MILPERSMAN) 1910-164, changing his separation code
from JPD to JFF, and changing the narrative reason for
separation to secretarial authority.
In view of the foregoing, the Board finds the existence of
an injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show
that he was honorably discharged on 25 October 2004 with a
new DD-214 issued with block 25 changed to MILPERSMAN 1910-
164, block 26 be changed to JFF, block 27 be changed to RE-
1, and that block 28 be changed to secretarial authority.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no such entries or material be added to the record
in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of
Federal Regulations, Section 723.6(c) it is certified that
a quorum was present at the Board's review and
deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above
entitled matter.
Rasen thongs
ROBERT D. ZSALMAN BRIAN J. ‘GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in
Section 6(e) of the revised Procedures of the Board for
Correction of Naval Records (32 Code of Federal Regulation,
Section 723.6(e)) and having assured compliance with its
provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the
Secretary of the Navy.
Dd Vind )
W. DEAN PFEI
By direction
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