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NAVY | BCNR | CY2006 | 03358-06
Original file (03358-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370~5 100

                                                      TJR
                                              Docket No: 3358-06
                                                                                           1 November 2006




This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 1 November 2006. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 1 May 2003 at age 21. Although you served without disciplinary incident, your record contains an administrative remarks entry dated 26 September 2003, which states in part that you were counseled regarding deficiencies in your performance due to your inability to adjust to Navy shipboard life.
On 29 September 2003 you were notified of pending administrative separation action by reason of entry level performance and conduct. At that time you waived your right to consult with legal counsel and to submit a statement in rebuttal to the separation. Subsequently, the discharge authority directed an uncharacterized entry level separation by reason of performance ahd conduct, and on 31 October 2003 you were so separated and assigned an RE-4 reenlistment code.





The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your deficient performance and conduct. The Board noted that an RE-4 reenlistment code is required by regulatory guidance when a Sailor is separated due to entry level performance and conduct. 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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