Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08900-06
Original file (08900-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 8900-06
 26 February 2007





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 23 February 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 3 August 2005 at age 18. On 16 August 2005 you failed the initial physical fitness assessment (PFA). At that time, you were counseled regarding your PFA failure and warned that subsequent PFA failures would result in an entry-level separation. On 21 September 2005 you failed the final PFA after two attempts. On 23 September 2005 you acknowledged that you were not eligible to reenlist.
On 28 September 2005 your commanding officer (CO) recommended an entry-level separation by reason of entry-level performance and conduct. In connection with this processing, you declined to consult with qualified counsel or submit a written statement to the separation authority. On 10 October 2005 the separation authority approved your CO’s recommendation and directed an entry-level separation by reason of entry-level performance and conduct. On 11 October 2005 you were so discharged and assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.













I
 Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged with an entry-level separation 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,


         W. DEAN PFEIFFER
Executive Dir ector


























2

Similar Decisions

  • NAVY | BCNR | CY2007 | 06921-07

    Original file (06921-07.rtf) Auto-classification: Denied

    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.On 10 August 2005, you enlisted in the Navy at age 17. On 28 September 2005, you were counseled...

  • NAVY | BCNR | CY2006 | 00244-06

    Original file (00244-06.rtf) Auto-classification: Denied

    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 28 November 2005, the separation...

  • NAVY | BCNR | CY2007 | 10877-07

    Original file (10877-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 11116-06

    Original file (11116-06.rtf) Auto-classification: Denied

    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 7 February 2006 at age 21 and served without disciplinary incident.While...

  • NAVY | BCNR | CY2011 | 00352-11

    Original file (00352-11.pdf) Auto-classification: Denied

    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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reenlistment code because of your misconduct, which resulted in NUP, deficiencies in your performance, continuous failing of physical fitness tests, and the nonrecommendation for retention; all...

  • NAVY | BCNR | CY2008 | 06424-08

    Original file (06424-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 11698-10

    Original file (11698-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2011. 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. Subsequently, the separation authority directed an uncharacterized entry level separation by reason of performance and conduct, and on 20 April...

  • NAVY | BCNR | CY2009 | 01340-09

    Original file (01340-09.pdf) Auto-classification: Denied

    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. Additionally, you were warned that failure of a third (or greater) PFA within a four year period could result in administrative discharge action. in this regard, an RE-4 reenlistment code is authorized when a Sailor is discharged due to PFA failure and not recommended for retention.

  • NAVY | BCNR | CY2007 | 09622-07

    Original file (09622-07.pdf) Auto-classification: Denied

    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. Nevertheless, the Board concluded this factor wags not sufficient to warrant a change in the reenlistment code due to your failure to meet the Navy’s PFA requirements. In this regard, an RE-4 reenlistment code is authorized when an individual fails his fourth PFA in a four year period.

  • NAVY | BCNR | CY2009 | 04036-09

    Original file (04036-09.pdf) Auto-classification: Denied

    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. As a result, on 21 June 2007, at the expiration of your enlistment, you were honorably discharged by reason of nonretention on active duty and were assigned an RE-3M reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...