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NAVY | BCNR | CY2006 | 03926-06
Original file (03926-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 CRS

Docket No: 3926-06
4 October 2006

 

 

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 4 October 2006. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 19 March 1990.
On 27 February 1991 you received nonjudicial punishment for
underage drinking and making a false official statement on two
occasions. On 11 April 1991 you were diagnosed as alcohol
dependent but you refused treatment.

On 3 May 1991 your commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense. When informed of the
recommendation, you elected to waive the right to submit a
statement in response to the discharge action. After review by
the discharge authority, the recommendation for separation was
approved and on 24 June 1991 you received a general discharge by -
reason of misconduct due to commission of a serious offense. At
that time, you were assigned a reenlistment code of RE-4.

reenlistment code when an individual is discharged due to
misconduct. Since you have been treated no differently than
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.

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,

LO Qasr
WwW. EAN PFE

Executive Dir

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