DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				   2 NAVY ANNEX
						WASHINGTON DC 20370-5100

SJN
Docket No: 06714-07
19 June 2008

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 17 June 2008. 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 5 March 2002 at age 23. You served for over four years without incident until 3 July 2006 when you were convicted by civil authorities of driving under the influence. On 25 July 2006, you received nonjudicial punishment (NJP) for unauthorized absence and disobedience.

On 25 August 2006, you were notified of pending administrative separation action by reason of misconduct due to alcohol rehabilitation failure, commission of a serious offence, and civil conviction. You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).

On 15 November 2006, an ADB found that the preponderance of the evidence did not support you were an alcohol rehabilitation failure nor supported commission of a serious offense. However, the civil conviction was binding on the ADB. The ADB recommended that you be retained on active duty.. However, on 9 January 2007, your commanding officer forwarded your case to the separating authority, not concurring with the ADB’s recommendation and strongly recommending that you be separated from the Navy.

On 26 February 2007, the discharge authority directed that you be retained on active duty, and be issued an administrative counseling warning. The next month, on 4 March 2007, you were honorably released from active duty at the expiration of your enlistment and transferred to the Naval Reserve. Based on the information currently contained in your record you were assigned an RE-4 reenlistment code, and it appears that you were not recommended for retention.

The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your entire record of service, Navy and Marine Corps Achievement Medal, and Good Conduct Medal. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code. In this regard, an RE-4 reenlistment code is required when an individual is separated at the expiration of his term of active obligated service and is not recommended for retention. 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,

ROBERT D. ZSALMAN
Acting Executive Director

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