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

Docket No:  7073-19 
Ref: Signature date 

Dear

This is in reference to your application of 10 July 2019 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 21 January 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 16 October 2013.  On 18 June 2013, you signed the US Navy Statement of Understanding regarding alcohol and drug abuse.  On 28 April 2014, you were reported for underage drinking and violation of lawful order. You reported to the Command Drug and Alcohol Program Advisor (DAPA) but refused to participate in the recommended treatment through the Substance Abuse Rehabilitation Program (SARP). Subsequently, an administrative action to separate you from the naval service was initiated for misconduct (serious offense), and failure of alcohol rehabilitation.  You waived your right to consult with counsel and to submit matters to the separation authority.  On 6 June 2014, your Commanding Officer recommended that you be separated from the naval service with a general (under honorable conditions) characterization of service.  On 20 May 2014, the separation authority concurred and directed that you be separated with a general (under honorable conditions) characterization of service. On 6 June 2014, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your reentry code and assertions that be the record is unjust because your misconduct was for underage drinking and the incident was five years ago.  Additionally, the Board considered your assertions that you were young and immature and sincerely regret the decision you made back in 2014.  Finally, the Board considered your assertions that you are much more responsible and mature now, realize you made a mistake and completely own up to it.  The Board concluded these factors and assertions were not sufficient to warrant a change to your reentry code given your misconduct. 

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,