D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1921-99
20 August 1999
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 August 1999. 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.
The record provided for the Boardls review is incomplete.
However, available records reveal that you reenlisted in the Navy
on 30 November 1992 for four years as an HM3 (E-4). At the time
of your reenlistment, you had completed more than five years of
prior active service. You extended your enlistment for an
additional period of four months on 3 November 1994.
The record reflects that you served without incident until
3 November 1995 when you were advised that you had failed to meet
the Navy's physical readiness standards for the October 1995
Physical Readiness Test/Body Fat (PRT/BF) cycle. You were
enrolled in a command directed physical conditioning program and
warned that three PRT/BF failures in a four year period required
processing for administrative separation. You were honorably
discharged on 20 December 1996 by reason of !!Failed Physical
Standards" and assigned an RE-3F reenlistment code. The
discharge processing documentation is not on file in the record.
Regulations authorize the assignment of an RE-3F or RE-4
reenlistment code to individuals discharged by reason of "Failed
Physical Standards." An RE-3F reenlistment code means an
individual failed the physical readiness test but is eligible for
reenlistment except for the disqualifying factor which led to
discharge. An RE-4 reenlistment code means that the individual
is ineligible for reenlistment without prior approval from
Commander, Naval Personnel Command. An RE-3F reenlistment code
may be waived to allow reenlistment by recruiting officials if an
individual can show he is otherwise qualified. Absent evidence
to the contrary, a presumption exists that action by the Navy to
discharge you by reason of "failed physical standards" was both
appropriate and proper. Since you received the most favorable
reenlistment code authorized by regulation, the Board could find
no error or injustice in the assigned reenlistment code. The
Board thus concluded that the reenlistment code was proper and no
change is warranted. 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 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 PFEIFFER
Executive Director
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960405: Commanding Officer, USS LAKE CHAMPLAIN, advised BUPERS that member was discharged on 8 April 1996 with an Honorable by reason of weight control failure as evidenced by failing three physical readiness tests on 10 November 1994, May 1995 and November 1995. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 960408 with a general (under honorable conditions) for weight control failure due to not meeting the prescribed physical...
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