DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 SIN
Docket No: 06424-08
1 May 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 28 April 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.
You enlisted in the Navy on 22 January 2008 at age 18. On
2 February 2008, you received an administrative warning
concerning your first failure to meet the minimum physical
fitness assessment (PFA). As a result, you were given additional
opportunities to successfully complete this training, and were
warned that failure to meet the minimum standards could result in
administrative discharge action. Unfortunately, on 18 April
2008, you failed your final PFA after 15 attempts. Subsequently,
a recruit evaluation report covering the period 8 February to
22 April 2008 stated, in part, that you showed severe lack of
military bearing, failed to following instructions, did not
listen to division staff, had to be told numerous times to do
things, and failed the PPA.
On 28 April 2008, your commanding officer (CO) initiated
administrative separation action. You elected not to submit a
statement or to receive a copy of the documents that were
forwarded concerning your separation. On 5 May 2008, your CO
forwarded your case directing your separation. On 9 May 2008
you were discharged with an entry level separation. 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 brief
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your
reenlistment code because of the many opportunities you were
given by your command and continued failure to achieve the
minimum standards in physical fitness. Further, an RE-4
reenlistment code must be assigned to all individuals separated
during recruit training for unsatisfactory performance.
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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