DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SoN
Decket No: 10131-08
2 September 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 25 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
29 January 2000 at age 18. You served without incident for over
five years and were advanced to paygrade E-5. On 19 October
2005, you were counseled with regard to failing your Physical
Fitness Assessment (PFA). You were placed on your command's
Fitness Enhancement Program, and warned that failure to meet
physical readiness standards could result in administrative
discharge action.
On 14 July 2006, after your third PFA failure, you were notified
of pending administrative separation action. You elected to
waive the right to consult counsel, and did not object to your
separation. On 21 July 2006, your commanding officer forwarded
your case, stating, in part, that you had shown no improvement in
your body fat or physical fitness, your body fat percentage had
increased, and despite participating in the command’s Fitness
Enhancement Program and receiving numerous counseling, had not
made any progress towards complying with the Navy’s physical
fitness standards. Subsequently, on 27 September 2006 you were
honorably discharged. At that time, you were not recommended for
retention, and assigned an RE-3F reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your paygrade and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to the
reason for your discharge or reenlistment code given your failure
of the PFA, and not adhering to your command’s Fitness
Enhancement Program. Furthermore, the RE-3F code is the most
favorable that may be assigned when an individual is separated
due to PFA failure, and can be waived to permit reenlistment.
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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