DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION ‘OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8879-08
20 July 2069
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 July 2009. The names and votes of the
members of the panel will be furnished upon request.
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 19 November 2002 at age 17 and
immediately began a period of active duty. You served without
disciplinary incident until 13 December 2005, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
The punishment imposed was restriction and extra duty for 30 days
and a $200 forfeiture of pay, which was suspended for three
months.
Your record contains an adverse special performance evaluation
for the period from 8 June to 18 November 2006.. This special
performance evaluation reflects that you received an individual
trait average of 2.00 and was submitted to remove your
recommendation for retention and reenlistment. This evaluation
also states, in part, that you failed physical fitness accessions
(PFA), did not demonstrate a desire to perform or to continue to
serve, and exhibited a lack of potential for career growth. The
record reflects that on 11 December 2006 you signed the foregoing
performance evaluation and indicated that you did not intend to
submit a statement regarding its contents.
On 18 December 2006, while serving in paygrade E-4, you were
honorably released from active duty and transferred to the Navy
Reserve. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service prior to your NUP and desire
to have your reenlistment code changed.
assertion that although you received an
needed to cancel it for personal family
considered your assertion that you were
cancel your enlistment extension was to
Tt also considered your
enlistment extension, you
reasons. It further
told that the only way to
fail three PFAs.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your RE-4 reenlistment code.
The Board further concluded that your military deficiencies, to
include an NJP and nonrecommendation for retention or
reenlistment were sufficient to support the assignment of an RE-4
reenlistment code. Finally, there is no evidence in the record,
and you submitted none, to support your assertions. Accordingly,
your application has been denied.
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.
Consequentiy, 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,
ene
W. DEAN P
Executive
NAVY | BCNR | CY2008 | 03406-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 07452-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2009.. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 11116-06
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 7 February 2006 at age 21 and served without disciplinary incident.While...
NAVY | BCNR | CY2011 | 00352-11
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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reenlistment code because of your misconduct, which resulted in NUP, deficiencies in your performance, continuous failing of physical fitness tests, and the nonrecommendation for retention; all...
NAVY | BCNR | CY2010 | 08513-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 01340-09
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. Additionally, you were warned that failure of a third (or greater) PFA within a four year period could result in administrative discharge action. in this regard, an RE-4 reenlistment code is authorized when a Sailor is discharged due to PFA failure and not recommended for retention.
NAVY | BCNR | CY2007 | 10920-07
When you were informed of the command's intent to deny your reenlistment you appealed that denial to the Navy Personnel Command. 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. As denial of reenlistment requests are not considered administrative processing, the member would not have had the opportunity to elect an administrative board.
NAVY | BCNR | CY2009 | 01966-09
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. Your Commanding Officer recommended that you remain in the Navy until completion of your obligated service, and at that time you received an RE-4 reenlistment code based on three failures of your required PFA's. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2008 | 10131-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2009. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change to the reason for your discharge or reenlistment code...
NAVY | BCNR | CY2009 | 04036-09
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. As a result, on 21 June 2007, at the expiration of your enlistment, you were honorably discharged by reason of nonretention on active duty and were assigned an RE-3M reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...