DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03841-10
28 January 2011
Srey i
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 January 2011. 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 reenlisted in the Navy on 19 December 2000 after more than
four years of honorable service. On 4 June 2002, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status and drunkenness. On 2 August 2002, you completed
level two intensive out-patient treatment for alcohol dependence.
You signed an agreement to maintain abstinence from alcohol,
continue personal growth, and practice responsible behavior.
However, on 24 September 2003, you received NIP for failure to
obey an order or regulation by leaving a fellow Sailor on liberty
and being UA one day. Your commanding officer forwarded his
recommendation that you be discharged with a general discharge by
reason of a pattern of misconduct. However, the discharge
authority directed a general discharge by reason of alcohol
rehabilitation failure. You were then processed for separation
by reason of alcohol rehabilitation failure. After you were
advised of your rights, you elected to receive copies of
documents to be forwarded to the separation authority, but waived
all your other procedural rights. Subsequently, on 31 October
2002, you were discharged with a general discharge by reason of
alcohol rehabilitation failure. At that time, you were assigned
a reentry code of RE-4.
In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your reentry
code due to you being an alcohol rehabilitation failure. The
Board thus concluded that there is no error or injustice in your
RE-4 reentry code. Accordingly, your application has been
denied. The names and vetes of the members of the panel will be
furnished upon request. i
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.
W. DEAN P
Executive i
Sincerely, \
°
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