DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09622-07
17 November 2008
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 13 November 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 and began a period of active duty on
17 February 2000. You served without disciplinary incident over
five years until 12 January 2006, when your commanding officer
(CO) issued you a counseling warning to give you the opportunity
to undertake corrective action to meet the requirements for the
Navy's Physical Fitness Assessment (PFA). Unfortunately, on
6 June 2006, you failed your fourth PFA in a four year period.
On 2 August 2006, administrative discharge action was initiated
by reason of PFA failure. You then waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). On 10 August 2006, your
CO forwarded his recommendation that you be honorably discharged
due to PFA failure. You were so discharged on 21 August 2006.
At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your entire period of
service. 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.
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,
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