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NAVY | BCNR | CY2009 | 01340-09
Original file (01340-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SJN
Docket No: 01340-09
23 December 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 15 December 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

3 January 2001 at age 17. On 22 May 2004 you were counseled
regarding your failure of the Physical Fitness Assessment (PFA).
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 remedial conditioning program until
you passed two consecutive PFA’s. Additionally, you were warned
that failure of a third (or greater) PFA within a four year
period could result in administrative discharge action. On

30 November 2004, you signed an enlisted evaluation covering the
period from 16 July 2004 to 2 January 2005, not recommending you
for retention due to your fourth PFA failure in a four year
period. On 2 January 2005, you were honorably discharged at the
completion of your obligated service 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, Good
Conduct Medal, and overall record. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code given the fact you failed four PFA’s in
a four year period. in this regard, an RE-4 reenlistment code is
authorized when a Sailor is discharged due to PFA 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,

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