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a is DEPARTMENT OF THE NAVY
eer BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 4513-10
31 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 et 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 25 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
the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy Reserve on 14 January 2005 after
more than six years of prior honorable service. You completed
a Level ILI alcohol abuse rehabilitation program after it was
determined that you were alcohol dependent. You received
nonjudicial punishment for being intoxicated on duty. On 19
March 2008, you were counseled and warned that further
misconduct could result in administrative separation. You were
then convicted by civilian authorities of driving while
intoxicated (DWI). You were notified that you were being
administratively separated due to alcohol rehabilitation
failure with a type warranted by service record
characterization. On 4 September 2009, you were discharged
under honorable conditions due to alcohol rehabilitation
failure and assigned an RE-4 (not recommended for retention)
reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior
honorable service, desire to reenlist in the armed forces, and
the fact that your DWI conviction was dismissed after you
completed probation. However, the Board concluded that your
reentry code should not be changed due to your two alcohol-
related incidents after completing Level III treatment. You
are further advised that no reentry code is upgraded
automatically due merely to the passage of time or post service
good conduct. In view of the above, your application has been
denied. 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,
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