DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SON
Docket No: 02473-1121
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. 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 and began a period of active duty on
17 December 2003. The Board found that you received two
nonjudicial punishments (NJP‘'s) for drunk and disorderly conduct.
As a result you were recommended and sent for Level III alcohol
rehabilitation treatment. On 29 June 2005, you checked yourself
out of treatment, causing you to be an alcohol rehabilitation
failure. Subsequently administrative discharge action was
initiated to separate you by reason of alcohol rehabilitation
failure, misconduct due to commission of a serious offense, and
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On
23 September 2005, your commanding officer forwarded his
recommendation that you be discharged under other honorable
conditions by reason of misconduct. The separation authority
(SA) concurred and directed a general discharge by reason of
misconduct due to commission of a serious offense. On
30 September 2005 you were so discharged. At that time, you were
assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing the reason for your
discharge or reentry code given your two NUP’s for serious
offenses due to alcohol abuse and failure to adhere to your
command’s alcohol rehabilitation program. An RE-4 reentry code
must be assigned to all Sailors discharged due to misconduct.
The Board noted that the administrative separation process
includes the requirement that commands process service members
for all reasons for which minimum criteria are met. This enabled
the SA to approve the discharge for the most appropriate reason.
Separation for misconduct normally takes precedence over ail
other reasons for discharge. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy of
applying to the Naval Discharge Review Board (NDRB). You may
apply to NDRB by submitting the attached DD Form 293.
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,
Whagtel
W. DEAN I
Executive r or
Enclosure
NAVY | BCNR | CY2010 | 00150-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2010. 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. The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth, record of service and...
NAVY | DRB | 2005_Navy | ND0501009
“Propriety or Equity Issue(s): The Administrative Discharge packet includes an error in the materials used by board members who deliberated on the Applicant’s board.Statement: In accordance with 32 CFR § 724, and SECNAVINST 5420.174D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition Time Lost During This Period (days): Unauthorized absence: 2 days Confinement: 25 days Age at...
NAVY | DRB | 2006_Navy | ND0600072
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Applicant notified that he has been evaluated as nonamenable to rehabilitation for alcohol dependence due to a violation of rules and regulations of the Naval Alcohol Rehabilitation Center, Jacksonville, Florida, specifically, consuming alcoholic beverages while in treatment. The ADB unanimously recommended separation under honorable conditions...
NAVY | BCNR | CY2013 | NR8265 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2014. 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. The Board did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and...
NAVY | BCNR | CY2008 | 02458-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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. You were assigned a reentry code of RE-4, On 3 November 1993 the Bureau of Naval Personnel informed your command that you did not qualify for...
NAVY | DRB | 1999_Navy | ND99-01142
ND99-01142 Applicant’s Request The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Released for Naval Convenience. Applicant declined DVA treatment.940720: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your violation of...
NAVY | BCNR | CY2010 | 05164-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | DRB | 1999_Navy | ND99-00008
No indication of appeal in the record.890306: USS Theodore Roosevelt (CVN-71) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, by reason of misconduct due to commission of a serious offense and by reason of misconduct due to a pattern of misconduct.890306: Applicant advised of his rights and having not consulted with counsel certified under UCMJ Article 27B, elected to appear before an...
NAVY | DRB | 2004_Navy | ND04-00868
The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19900628 - 19900912 COG Active: None Period of Service Under...
NAVY | BCNR | CY2006 | 08369-06
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 13 April 2004 at age 20. On 22 August 2005 the discharge authority...