DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3798-08
16 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 14 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 31 January 2004, you reenlisted in the Navy at age 21
after a prior period of honorable service. At that time,
you were serving in pay grade E-4 with a date of rank of
16 December 2001. On 10 May 2004, you were placed ina
Physical Readiness Test (PRT) probationary status. During
the period 20 October 2004 to 22 October 2007, you failed the
cardio portion of the PRT on three occasions, and you were
counseled regarding your failures. On 30 January 2008, you
signed a service record entry in which you acknowledged that
you were not recommended for retention due to your performance
and assigned an RE-4 reenlistment code. On 30 January 2008,
you were honorably discharged by reason of completion of
required active service and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and contention of being unjustly discharged. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant changing the reason for separation or reenlistment
code. In this regard, the Board found that you completed your
contractual obligation and were not recommended for retention
due to your performance. As such, you were discharged due to
the completion of your required active service and assigned an
RE-4 reenlistment code. Regulations authorize assignment of an
RE-4 reenlistment code to members who are not recommended for
retention. Therefore, the Board concluded that the discharge
was proper as issued and no change is warranted. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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.
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 P
Executive
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