DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1255-11
3 November 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 2 November 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 évidence 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
15 October 1997 at age 19. On 22 February 2001, you received
nonjudicial punishment (NJP) for drunk and disorderly conduct.
On 26 March 2001, you were admitted to a Level II Alcohol Abuse
Rehabilitation Treatment program and diagnosed as an alcohol
abuser. On 20 April 2001, you completed the intensive phase of
treatment. On 22 June 2001, you were admitted toe the emergency
room at the Naval Hospital, Bremerton, Washington, and diagnosed
with acute alcohol intoxication. On 25 July 2001, you received
NIP for two instances of being incapacitated for the performance
of duties through prior wrongful indulgence in intoxicating
liquor and drunk and disorderly conduct. After your first NJP,
you were counseled regarding your misconduct and warned that -
further offenses could result in administrative separation. You
were notified of pending administrative discharge processing with
a general discharge due to alcohol rehabilitation failure. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 28 August 2001, you
received the general discharge for alcohol rehabilitation failure
and were assigned an RE-4 reentry code, which means that you were
neither recommended nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reentry code given your two NUP’s and failure to complete your
command’s alcohol rehabilitation program. Finally, an RE-4
reentry code must be assigned to all Sailors discharged due to
alcohol rehabilitation failure. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
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,
\y Doar Qheu
W. DEAN PF
Executive D xr
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