DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
01 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 2756-20             
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 14 April 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 1 May 2001.  You received nonjudicial punishment on 13 February 2004, for disorderly conduct, drunkenness.  On 13 December 2004, you received a second NJP for simple assault and disorderly conduct, drunkenness.  Your evaluation for the period of 16 June 2004 through 13 December 2004, indicates that you were not recommended for retention.  You were discharged from the Navy on 29 December 2004, on the basis of Alcohol Rehabilitation Failure and received an honorable characterization of service and a reentry (RE) code of RE-4. 

In your petition to the Board, you ask for a change to your RE-4 code so that you may serve in the Navy Reserve.  You state that you received an honorable characterization of service due to your impeccable record and that you were an outstanding Sailor.  You indicated that you have been in recovery and sober for 14 years.  You state that using your GI Bill, you earned your bachelor’s degree in nursing and a master’s degree in nurse anesthesia. You believe your training as a Certified Registered Nurse Anesthetist would be beneficial to the Navy.  You feel that you are no longer a risk to the country or to yourself. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including post-service academic achievements and your positive contributions to the Navy during your active duty service.  The Board noted, however, that you had two NJPs for misconduct involving intoxication, and that you were discharged on the basis of Alcohol Rehabilitation Failure.  Even taking into consideration your years of sobriety and your admirable achievements, the Board determined that the RE-4 was appropriately supported by the information reflected in your record.  The Board determined that the two NJPs could not be overcome by your post-service accomplishments and that even in consideration of your positive contributions from 2001 to 2004, your RE-4 was properly issued. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 

5/29/2020