DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
, 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4858-09
26 April 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 i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 April 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 14 September 1995 at age 20 and
served without disciplinary incident until 16 August 1996, when
you received nonjudicial punishment (NJP) for disorderly conduct
and drunkenness. Shortly thereafter, you were diagnosed as
alcohol dependent and referred for Level II treatment. However,
after participating in the program for four days, you refused to
complete treatment. As a result of this action, you failed the
alcohol abuse rehabilitation program.
Subsequently, you were notified of pending administrative
separation action by reason of alcohol abuse rehabilitation
failure. The discharge authority directed your commanding
officer to issue you a general discharge by reason of alcohol
abuse rehabilitation failure, and on 5 May 1997, you were so
discharged. At that time you were 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 and desire to upgrade your discharge, and to change
your narrative reason for separation and reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your record because of the
seriousness of your alcohol related misconduct, which resulted in
NJP and your failure to complete an alcohol rehabilitation
program. 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,
WRemP
W. DEAN PFET
Executive Dinec
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