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NAVY | BCNR | CY2009 | 11929-09
Original file (11929-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 11929-0939
26 May 2010

 

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 19 May 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Pocumentary 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 3 January 2002.
You received nonjudicial punishment on four occasions for
offenses that included failure to obey a lawful order, drunk and
disorderly conduct, assault upon a sentinei, making provoking _
speeches or gestures, assault, attempted assaults, disorderly
conduct, and drunkenness. On 5 June 2007 you were honorably
discharged by reason of alcohol abuse rehabilitation failure and
were assigned a reentry code of RE-4.

 

Applicable regulations require the assignment of an RE-4 reentry
code to individuals discharged due to alcohol abuse
rehabilitation failure. Since you have been treated no
aifferently than others discharged for that reason, the Board
could not find an error or injustice in the assignment of the
RE-4 reentry code. Accordingly, your application has been
denied, The names and votes of the members of the panel will be
furnished upon request.

Tt 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,

\s

W. DEAN PF
Executive Di

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