DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 12880-09
1 October 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 21 September 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 on 29 July 1999 at age 18 and began a
period of active duty on 22 February 2000. You served without
disciplinary incident until 19 April 2001, when you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty, failure to obey a lawful order by underage
drinking, and wrongfully consuming alcoholic beverages.
On 18 April 2006, after being diagnosed as alcohol dependent, you
were assessed for participation in an in-patient substance abuse
rehabilitation program. However, on 14 June 2006, you were
discharged from the program as nonamenable due to your
noncompliance in treatment. About a month later, on 11 July
2006, you were disqualified for submarine duty due to the
foregoing alcohol abuse rehabilitation failure. Shortly
thereafter, on 13 July 2006, you were notified of pending
administrative separation action due to alcohol abuse
rehabilitation failure as evidenced by your refusal to comply.
After consulting with legal counsel you did not object to the
administrative separation. On 26 July 2006, after undergoing a
medical evaluation prior to your pending separation, you were
diagnosed with a bi-polar disorder and alcohol dependence. Your
commanding officer recommended an honorable discharge, but stated
that you were not recommended for reenlistment due to your
failure to comply with a substance abuse rehabilitation program.
Subsequently, the discharge authority directed your commanding
officer to issue you an honorable discharge by reason of
convenience of the government due to alcohol abuse rehabilitation
failure as evidenced by your nonamenability and refusal to
comply. As a result of this action, on 31 July 2006, you were so
discharged and assigned 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, post service conduct, and desire to change your
reenlistment code. It also considered your assertion that you
were unjustly dismissed from a rehabilitation program as a result
of a heated verbal altercation. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
of your reenlistment code because of your rehabilitation failure
and nonrecommendation for reenlistment because of your refusal to
comply with requirements of a rehabilitation program. Further,
you were given an opportunity to defend yourself but waived your
procedural right and did not object to the separation. Finally,
there is no evidence in the record, and you submitted none, to
support your assertion. 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,
W. DEAN . R
Executive D tor
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