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NAVY | BCNR | CY2001 | 02119-01
Original file (02119-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No: 2119-01
9 August 2001

Dears

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 7 August 2001.
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.

Your allegations of error and

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.

On 

In addition you were given a poor rating in six of

You enlisted in the Navy on 21 March 2000 at age 20.
1May
2000 you were diagnosed with alcohol dependence and a personality
disorder.
eight evaluation categories concerning your performance in
recruit training.
an administrative separation.
processing, you elected to waive your procedural rights.
May 2000 the separation authority directed an entry level
separation by reason of erroneous entry due to alcohol abuse and
you were so separated on  
recommended for reenlistment and were assigned an RE-4
reenlistment code.

Based on the diagnoses, you were processed for

17.May 2000.

At that time you were not

In connection with this

On 11

In your application you state that you made false statements
while in recruit training.
is well settled in the law that an individual who perpetrates a
fraud in order to be separated from the military should not
benefit from that fraud when its is discovered.

However, the Board is aware that it

Regulations require the assignment of an RE-4 reenlistment code
when an individual is separated by reason of erroneous enlistment

Since you have been treated no differently

due to alcohol abuse.
than others separated for that reason,
the Board could not find
an error  or injustice in the assignment of the RE-4 reenlistment
code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

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,

W. DEAN PFEIFFER
Executive Director

2



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