DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
NDC 20370-5100
WASHINGTO TIR
Docket No: 6897-06
22 March 2007
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 20 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 8 July 1988 at age 18 and served
without disciplinary incident.
While in recruit training, during the period from 27 June to 1
August 1988, you repeatedly failed an Academic Remedial Training
(ART) Program. As a result, you were recommended for an
administrative separation.
On 3 August 1988 you were notified of pending administrative
separation action by reason of performance and conduct due to
academic failure. At that time you waived your right to consult
with legal counsel and to submit a statement in rebuttal to the
discharge action. On 10 August 1988 the discharge authority
directed an uncharacterized entry level separation by reason of
performance and conduct, and on 16 August 1988 you were so
separated from the Navy and were 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 academic failures.
Finally, an RE-4 reenlistment code is required when a Sailor is
separated by reason of 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,
\
\Sdoad
Executive or
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