DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10877-07
14 August 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 August 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.
On 14 February 2005, you enlisted in the Navy at age 20. On
1 March 2005, you failed the physical fitness assessment (PFA)
baseline. You were also counseled regarding the requirement to
pass the PFA and warned that failure to pass it would result in
being set back in training or an entry level separation. On
12 March 2005, you failed the initial PFA and you were
counseled again regarding the requirement to pass it. On
8 April 2005, you failed the final PFA. On 11 April 2005, a
recruit evaluation entry was made which stated that you failed
the run portion of the PFA by more than six minutes.
On 15 April 2005, your commanding officer initiated an entry
level separation by reason of substandard performance and
conduct. In connection with this processing, you acknowledged
the separation action. The separation authority subsequently
approved the discharge recommendation and directed an entry
level separation by reason of substandard performance and
conduct. On 21 April 2005, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to members who are discharged due to 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.
The Board noted that although the Navy may not consider waiving
an RE-4 reenlistment code, other branches of the armed forces
such as the Army National Guard, may consider such a waiver.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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