DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03312-10
31 January 2011
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 21
January 2011. 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 reenlisted in the Navy on 14 June 2002 and served until to 31
December 2008, when you were discharged under honorable conditions
by reason of alcohol abuse rehabilitation failure, and assigned a
reentry code of RE-4 as required by governing directives.
The Board concluded that your receipt of a substantial combined
disability rating from the Department of Veterans Affairs (VA)
effective the day after you were discharged was not probative of the
existence of error or injustice in your Navy record because the VA
acted without regard to the issue of your fitness Sex to reasonably
perform your military duties at the time of your discharge. As you
have not demonstrated that you were unfit for duty by reason of
physical disability on 31 December 2008, the Board was unable to
recommend corrective action in your case. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
The Board did not consider your request for upgrade of your discharge
because you have not exhausted an available administrative remedy
by applying to the Naval Discharge Review Board. It did not
réconsider its previous ggnial of your request for a more favorable
reentry code because youfdid not submit any new material evidence
in that regard.
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,
LO Drag
W. DEAN P
Executive
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