DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 11838-12
6 December 2012
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 5 December 2012. 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 22
March 2010, at age 22. You signed and acknowledged the Navy
policy on drug and alcohol abuse. On 14 October 2010, you were
in an unauthorized absence (UA) status by not reporting to the
Naval Legal Service Office and upon your return you provided a
breathalyzer sample which revealed you had consumed alcohol. On
7 November 2010, you were apprehended by the police in San
Diego, California, for an alcohol related incident of disorderly
conduct. On 16 November 2010, you were referred to participate
in the Alcohol Rehabilitation Program. On 17 March 2011, you
received nonjudicial punishment (NJP) for drunk and disorderly
conduct. On 20 April 2011, your commanding officer forwarded
his recommendation that you be discharged with a general
characterization of service by reason of alcohol abuse
rehabilitation failure. The discharge authority directed a
general discharge by reason of alcohol rehabilitation failure.
On 15 June 2011, you were so discharged, and 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 record of service. However, the Board found that
these factors were not sufficient to warrant any change in your
reentry code, given your record of one NUP, and alcohol
rehabilitation failure. 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 your discharge should be
upgraded due to the fact that it is less than 15 years old, you
must first apply to the Navy Discharge Review Board (NDRB) .
Enclosed is a DD Form 293 you may use to apply to the NDRB.
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,
\> Wars
W. DEAN PFEITFRE
Executive Dir&éct
Enclosure
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