DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S,. COURTHOUSE ROAD, SUITE 1001
_ ARLINGTON, VA 22204-2490
BJG
Docket No: 3796-13
-20 February 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.
Since your discharge is less than 15 years old, the Board did
not consider your request to change your characterization of
service and narrative reason for separation. You may exhaust
your administrative remedy by applying to the Naval Discharge
Review Board with the enclosed application form.
‘A three-member panel of the Board for Correction of. ‘Naval
Records, sitting in executive session, considered your
application on 19 February 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 aud: applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish - the existence of probable material
error or injustice.
You enlisted in the Navy and entered a ‘period of active duty on
18 November 2009. on 19 December 2011, you accepted nonjudicial
punishment (NIP) rather than demanding to be tried by court-
. a to: 2 3
martial for assault and being drunk and disorderly. You were
found guilty at NJP and did not appeal. This was your second
' alcohol related incident. You were then advised that your
command was initiating administrative separation processing with
a type warranted by service record characterization due te
alcohol rehabilitation failure. on 3 January 2012, you were
discharged with a general characterization of service due to
alcohol rehabilitation failure, and assigned an RE-4 (not
recommended for retention) reentry code, —
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that you were acting in self-defense. The Board
. found that you were given the opportunity to consult with
' -counsel prior to your NJP, and that you signed the Unit
Punishment Book acknowledging this. The Board concluded that .
you have failed to prove an error or injustice in the NJP :
remaining in your official military personnel file. Finally,
. the Board found that your RE-4 reentry code was correctly
‘assigned in light of your alcohol rehabilitation failure and
non-recommendation for retention. In view of the above, 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,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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