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RA RAD FOR CORRECTION OE NAWAL WET ORE Bm rn
sc E ROAD, SUITE 100%
NGTON, VA 22204-2490 yy,
Docket No: 5043-14
6 January 2015
dear (Sy
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 10 of the United
States Code, section 1552. The application was filed in a timely
manner.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 December 2014. . 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 by
the Board consisted of your application, together with ail
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.
Your record reflects that on 12 January 2006, your commanding
officer submitted a request for waiver for your retention in the
Navy. This waiver outlined your outpatient Level I treatment,
alcohol abuse disciplinary action, and completion of the program.
On 7 March 2006, the discharge authority advised your commanding
officer that the waiver had been approved and that you were to he
retained. At that time you were also warned that any further
alcohol abuse incidents would result in administrative
separation.
The Board, in its review of your entire record and application,
carefully weighed all potentially Mitigating factors, such as
your request for removal of the “January and March 2006 request
for waiver” documentation from your naval record. Nevertheless,
the Board noted this documentation was valid as written and
filed, because your request is based on a change of policy dated
4 dune 2009, Wilh Chal being seid, the Boera coluiudeda tere was
no error or injustice in your record and as such, the request for
waiver should remain in the record. 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 within one year from the date of the Board's decision.
Mew evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
ROBERT J. O'NEILL
Executive Director
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