DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3406-08
8 January 2009
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 7 January 2009. 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 9 January 2002, you enlisted in the Navy at age 18.
On 4 June 2004, you received a performance evaluation
which stated that you failed your last two Physical Fitness
Assessments (PFA) and were not within weight standards.
On 22 December 2004, you had nonjudicial punishment (NJP) for
driving while intoxicated. On 1 February 2005, you received a
performance evaluation which stated that you were delinquently
working on divisional qualifications. On 8 January 2006, you
were honorably discharged due to the completion of required
active service and assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment
code to service members who are honorably discharged and are
not recommended for retention or fail to meet professional
growth criteria. Given your NUP, PFA failures, and lack of
divisional qualifications, and 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,
\) AR
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W. DEAN E
Executive Dirde
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