DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3702-10
9 February 2011
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 8 February 2011. 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 ineurtaciene
to establish the existence of probable material error or
inj Uetice:
You reenlisted in the Navy on 7 January 2005 after nearly 14
years of prior honorable service. You continued to serve without
disciplinary incident until 22 January 2008, when you received
nonjudicial punishment (NIP) for failure to obey a lawful order
and drunken driving. The punishment imposed was reduction to
paygrade E-5 and a suspended forfeiture of pay. On 3 March 2008
you were counselled regarding deficiencies in your performance
and conduct, specifically, you were forbidden to consume any type
of alcoholic beverages during the remainder of your treatment.
However, on 17 April 2008, you were convicted by civil
authorities of driving and/or attempting to drive while under the
influence of alcohol. You were sentenced to confinement for 20
days, which was suspended, unsupervised probation for two years,
and to pay $250 in court costs. On 21 April 2008, you were again
counselled regarding deficiencies in your performance and
conduct, which included your completion of Level I Substance
Abuse Rehabilitation Training.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
The discharge authority directed your commanding officer to issue
you an honorable discharge by reason of misconduct, and on 21
April 2008 you were so discharged and were assigned an RE-4
reenlistment code.
The ‘Board, in its wewiew of your entire record and application,
carefully weighed 411 potentially mitigating factors, such as
your post service conduct, prior satisfactory service, request
for reinstatement to paygrade E-6, and desire to change your
reenlistment code and narrative reason for separation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief because of the seriousness of your
alcohol-related misconduct in both the military and civilian
communities. Further, the Board concluded that your misconduct
and nonrecommendation for retention or reenlistment were
sufficient to support the assignment of an RE-4 reenlistment
code, which is authorized by regulatory guidance. 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,
Masry R
Executive tar
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