DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SON
Docket No: 09652-08
14 August 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 11 August 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 and began a period of active duty on
5 November 1990 at age 19. On 7 December 1992, you were
counseled regarding your failure to meet physical readiness
Standards. At that time, it was determined that you had no
medical condition that precluded you from meeting readiness
standards. You were enrolled in your command’s Physical
Readiness Test {PRT) program Level I. Additionally, you were
warned that failure to conform to the Navy’s physical readiness
Standards could result in administrative discharge action.
On 1 May 1993, you received nonjudicial punishment (NUP) for six
instances of absence from your appointed place of duty (remedial
PRT) .
On 6 August 1993, you were notified of pending administrative
separation action and elected to waive the right to consult
counsel, and did not object to your separation. Your commanding
officer forwarded your case, stating, in part, that despite
significant counseling and assistance offered to you, your
condition had not improved due to your inability to control your
obesity. On 10 Aug 1993, you were honorably discharged. At that
time, you were not recommended for retention, and assigned an RE-
4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors was not sufficient to warrant a change in the
reenlistment code given the fact you failed the PRT, and did not
adhere to your command’s remedial PRT. In this regard, an RE-4
reenlistment code is authorized when a Sailor is discharged due
to PRT failure and not recommended for retention. 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,
Ww ecg
Executive Di
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