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NAVY | BCNR | CY2011 | 05779-11
Original file (05779-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SJN
Docket No: 05779-11
22 March 2012

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 20 March 2012. The names and votes of the members
of the panel will be furnished upon request. 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 ky
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 and began a period of active duty on

23 August 2004. The Board found that on 13 December 2005, you
received nonjudicial punishment (NJP) for unauthorized absence.
You received 30 days of correctional custody, a reduction in
paygrade and a forfeiture of pay. Although your record is
incomplete, your record reflects you received a general discharge
by reason of alcohol rehabilitation failure on 5 July 2006. At
that time you were assigned an RE-4 reentry code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, character letter, desire to change your
RE-4 reentry code, and to have your inactive time in the Delayed
Entry Program (DEP) included as time served in the Navy.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change of your RE-4 reentry code given
your NUP and failure to adhere to your command's alcohol
rehabilitation program. In this regard, you were assigned the
appropriate reentry code based on your circumstances. Concerning
your time in the DEP, the Board concluded you had not entered
recruit training and were not performing on active duty as an
enlisted Sailor in accordance with Navy regulations during that
period. In other words, DEP time is not considered to be active
Guty service. Accordingly, your application has been denied.

 

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,

W. DEAN PFEIFHRR

Executive Directo

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