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NAVY | BCNR | CY2009 | 12159-09
Original file (12159-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

JRE
“Docket No. 12159-09
25 January 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 14 January 2010. 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.

You were honorably discharged from the Marine Corps on 1 October
1996 by reason of alcohol abuse rehabilitation failure. As
alcohol abuse is not considered to be a disability under the
laws administered by the Department of the Navy, and as you have
not demonstrated that you suffered from a ratable condition
which rendered you unfit to reasonably perform the duties of
your rank, there is no basis for correcting your record to show
that you were separated or retired by reason of physical
disability. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.

If you would like to have your DD Form 214 administratively
corrected to show that you were discharged by reason of “alcohol
abuse rehabilitation failure”, rather than “alcohol abuse
failure”, you should contact the Commandant of the Marine Corps,
MMSB-10, 3820 Russell Road, Quantico, VA 22134.

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,

dew
?

~ DEAN PFE

Executive Dil OL

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