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NAVY | BCNR | CY2009 | 06491-09
Original file (06491-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR

Docket No: 6491-09
2 June 2010

 

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 1 June 2010. 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, 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 9 May 1986 at age 18 and began a
period of active duty on 18 August 1986. You served without
disciplinary incident until 3 October 1988, when you received
nonjudicial punishment (NIP) for drunken or reckless driving.
Shortly thereafter, you were referred for and completed Level I!
alcohol rehabilitation. However, on 9 November 1989, while
participating in a Level II aftercare program, you received NJP
for unspecified alcohol related incidents. You were referred for
a medical evaluation for alcohol abuse and subsequently diagnosed
as alcohol dependent. At that time you were recommended for an
administrative separation.

Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to alcohol abuse
rehabilitation failure. The discharge authority directed your
commanding officer to issue you a general discharge by reason of
alcohol abuse rehabilitation failure, and on 11 December 1989,
you were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge, and to change
your reenlistment code so that you may reenlist. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in your record because of the seriousness of your
alcohol related misconduct, which resulted in two NJPs and your
failure to complete an alcohol rehabilitation program.
Accordingly, your application has been denied.

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,

\ Suan

W. DEAN PFEI
Executive tor

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