DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00895-11
27 October 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 25 October 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.
Aft@ér 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 and began a period of active duty on
23 April 2007. The Board found you were enrolled in and
successfully completed a Level III alcohol rehabilitation program
on 9 July 2008. On 3 December 2009, you received nonjudicial
punishment (NUP) for destruction of property and drunk and
disorderly conduct while you were on liberty in Yokosuka, Japan.
You received a reduction in paygrade and a forfeiture of pay.
Subsequently, administrative discharge action was initiated by
reason of alcohol rehabilitation failure and commission of a
serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board {ADB). You received a general discharge on
5 March 2010. At that time, you were assigned an RE-4 reentry
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 change your RE-4 reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your RE-4 reentry code given
your NJP for serious offenses and failure to adhere to your
command's alcohol rehabilitation program. Finally, the Board
also noted that separation for misconduct normally takes
precedence over all other reasons for discharge. In this regard,
you were assigned the appropriate reentry code based on your
circumstances. 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 ali 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,
\y
W. DE
Executive Bp or
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