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NAVY | BCNR | CY2006 | 00244-06
Original file (00244-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TRG
 Docket No: 244-06
 10 January 2006

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 3 January 2007. 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 on 29 August 2005 at age 18. On 31 October 2005 you were counseled and warned about your responsibility to meet the physical fitness assessment standards (PFA). Unfortunately you continued to have difficulties meeting those standards.
On 22 November 2005 you were notified of separation processing by reason of entry level performance and conduct. On 28 November 2005, the separation authority directed an entry level separation. The letter directed your separation states, in part, as follows:
On 16 November (she) failed her final PFA after
four attempts. (She) is considered unqualified for
                  further naval service.
You were separated with an entry level separation on 2 December 2005. At that time you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
         
You contend in your application that you were injured while in recruit training and were unable to pass the run portion of the PFA. However, the page with your performance remarks (Hard Card) clearly shows that you were fit for full duty. Therefore, the Board concluded that you were properly separated from the Navy.
Regulations require the assignment of an RE-4 reenlistment code when an individual is separated by reason of entry level performance and conduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment 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 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,



 ROBERT D. Z SALMAN
 Acting Executive Director



















2

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