DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 02737-13
15 May 2014
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 14 May 2014. 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 on 14 May 2007. You received
nonjudicial punishment (NJP) for wrongful possession of a
controlled substance and larceny. On a detachment evaluation
covering the period of 16 July 2009 through 18 June 2010, you
were placed in a limited duty status and transferred to the
Transit Personnel Unit. On 6 October 2003, you signed and
acknowledged the Navy drug and alcohol abuse policy. On 26 July
2010, you received NUP for drunken or reckless operation of a
vehicle. The same day, you accepted a screening conducted by
the Substance Abuse Command drug and alcohol program advisor.
On 12 August. 2010, you were informed that administrative
separation was initiated and you elected to consult with
counsel. On 18 August 2010, your commanding officer forwarded |
his recommendation that you be separated with an honorable
discharge by reason of alcohol rehabilitation failure. On 25
August 2010, the discharge authority approved the
recommendation, directed a discharge and assigned an RE-4
reentry code. You were so discharged on 25 August 2010.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case. It
found those factors insufficient to warrant upgrading your
reentry code, given your repeated acts of misconduct.
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 narrative reason for
discharge should be changed due to the fact that your discharge
is less than 15 years old, so you must first apply to the Naval
Discharge Review Board (NDRB). Enclosed is a DD Form 293 you
must 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,
TWA Bd eo
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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