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NAVY | BCNR | CY2007 | 08503-07
Original file (08503-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

SIN
Docket No: 08503-07

17 September 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 9 September 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 10 December 2002 at age 23. Based on
the information currently contained in your record it appears you
served for over two years and were promoted to paygrade E-4,.
Additionally, your Certificate of Release or Discharge from
Active Duty (DD Form 214) states the narrative reason for your
separation was alcohol rehabilitation failure. Upon separation,
you were assigned an RE-4 reenlistment code. Further, since you
record does not contain the administrative separation documents,
the Board employed a presumption of regularity pertaining to your
discharge. This means that, in the absence of evidence to the
contrary, your discharge will be presumed to be proper as issued.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. 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 due to alcohol rehabilitation failure.
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

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 4g on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

LN) condi

W. DEAN PFE
Fxecutive Diwesvor

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