DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12735-0939
23 August 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 19 August 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 had prior honorable service with one nonjudicial punishment
(NJP) for the possession of alcohol in the barracks. You
reenlisted in the Navy on 21 March 2003, and served without
disciplinary incident until 30 June 2005, when you received NUP
of being disrespectful to a chief petty officer, two
specifications of disorderly conduct and obstructing justice. In
addition, in October 2006, you were convicted by civil
authorities of driving under the influence of alcohol. You were
offered and accepted alcohol rehabilitation treatment. You were
recommended for separation with an honorable discharge due to
alcohol rehabilitation failure (having three alcohol-related
incidents within your naval career). You waived your rights to
consult with counsel, and request an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 14 June 2007, you were separated with an
honorable discharge and an RE-4 reenlistment code.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your reenlistment code due to
your alcohol rehabilitation failure and misconduct. 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 b
Fxecutive Direc
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