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NAVY | BCNR | CY2007 | 11042-07
Original file (11042-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 11042-07
8 August 2008

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 August 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 in February 1990 and served without
disciplinary incident until 11 October 1990, when you received
nonjudicial punishment (NJP) for destruction of government

property and breach of peace.

Thereafter, you were charged and found guilty at the following
NJP: On 17 May 1994, driving under the influence of alcohol
(DUI) and you received a forfeiture of pay and a reduction in
rate which were both suspended. However, in August 1994 the

- suspension was vacated due to further misconduct. Additionally,
on 5 August 1994, you committed further misconduct and were
awarded NJP for drunk and disorderly conduct. On 9 September
1994, you were not recommended for reenlistment and were
administratively separated for alcohol rehabilitation failure
with an honorable discharge and assigned a reenlistment code of

RE-4.,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were

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,

   

Executive Dire

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