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NAVY | BCNR | CY2007 | 04906-07
Original file (04906-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100






 SJN
 Docket No: 04906-07
3 March 2008






This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the U n ited States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2008. 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 28 May 1986 at age 22. Subsequently, on 16 June 1986, during recruit training, you received an administrative warning concerning your unsatisfactory performance, lack of reasonable effort to complete recruit training,, your repeated requests for discharge, and your refusal to continue training. As a result, you were warned that further deficiencies could result in disciplinary action and/or separation from the naval service.
On 3 July 1986, administrative discharge action was initiated to separate you due to entry level performance and conduct. You were counseled on your procedural rights and did not object to the separation. Subsequently, on 15 July 1986, you were discharged with an entry level separation by reason of entry level performance and conduct. At that time, you were assigned a reenlistment code of RE-4.
 The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth and desire to join the Army reserve. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reenlistment code given your substandard performance and conduct, lack of reasonable effort to complete recruit training, and your repeated requests to be discharged. Additionally, you had a right to submit a statement on your behalf but the available records indicate that you waived that right. Applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to entry level performance and conduct. The Board thus concluded that there is no error or injustice in your 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 Director

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