DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 05164-10
17 February 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 16 February 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 11 June 1990, and began a period of
active duty. On 6 March 1992, you received nonjudicial
punishment (NJP) for drunk and reckless driving. On 30 March
1992, you were enrolled in Level II alcohol rehabilitation
treatment program. On 11 April 1992, you were disenrolled from
the alcohol rehabilitation program for failure to meet the
requirements. You were late on three occasions, missed one
required meeting and did not participate in group sessions. Your
commanding officer forwarded his recommendation that you be
discharged with a general discharge by reason of misconduct. On
11 August 1992, the discharge authority directed the general
discharge by reason of misconduct (commission of a serious
offense). After you were advised of your rights, you elected to
receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 27 August 1992, you were discharged with a
general discharge by reason of misconduct. At that time, you
were assigned a reentry code of RE-4.
In its review of your application, the Board considered all
mitigating factors, such as your youth. However, the Board found
these factors were insufficient to warrant changing your reentry
code due to you being an alcohol rehabilitation failure. The
Board thus concluded that there is no error or injustice in your
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.
it is regretted that the circumstances of your case are such that
favorable actijon 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,
F
Executive or
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