DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00223-11
29 September 2011
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 28 September 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 ail 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 8 September 2008, at age 22. On
7 November 2008, a substance abuse evaluation was conducted and
it was determined that you were alcohol dependent, and piaced in
a Level II Treatment program. On 13 November 2008, you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status from your watch, two incidents of failure to obey a
lawful order, dereliction in the performance of your duties, and
being incapacitated from alcohol to properly perform your duties.
On 22 December 2008, you completed the out-patient program, and
signed an agreement to abstain from alcohol, continue personal
growth, and practice responsible behavior. However, on 25 June
2009, you received NUP for being UA, and being drunk on duty.
You were recommended for administrative separation. On 25 August
2009, your commanding officer forwarded his recommendation that
you be discharged with 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 25 September
2009, you were separated 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 your two NUP’s, and 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 votes of the members
of the panel will be furnished upon request.
Since your discharge is less than 15 years old, you may apply to
the Naval Discharge Review Board (NDRB) for a possible upgrade.
I have enclosed a copy of NDRB’s application for your
convenience.
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,
loader)
W. DEAN PFEIFHER
Executive Dir oO
Enclosure
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