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NAVY | BCNR | CY2010 | 10959-10
Original file (10959-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON BC 20370-5100

 

BUG
Docket No: 10959-10
26 duly 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 26 July 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 enlisted in the Navy and entered active duty on 17 July
1991. You received nonjudicial punishment on two occasions for
assault, drunk and disorderly conduct, and failure to obey a
lawful order. In February 1993, you completed a Level III
alcohol rehabilitation program. However, by September 1993,
you had two alcohol related incidents in a three week period.
You were then administratively separated due to alcohol
rehabilitation failure. On 9 November 1993, you were honorably
discharged 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 youth and
recent completion of another alcohol rehabilitation program.
However, the Board concluded that you were correctly assigned
the narrative reason for separation and RE-4 reentry code due
to your alcohol rehabilitation failure. You are advised that
no reentry code is changed due merely to the passage of time or
post service good conduct. The Board believed that you were
fortunate to receive an honorable characterization of service
in light of your misconduct. 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,

\wQon

W. DEAN PFEI
Executive Di or

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