DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 02597-09
8 April 2010
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 7 April 2010. 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
19 September 1994. You failed to successfully pass three
required physical readiness tests (PRT) and it was documented on
your final evaluation that you were not recommended for
retention. You were provided counseling and recommendations to
assist you in maintaining the required standards. On 30 May
1996, administrative discharge action was initiated by reason of
PRT failure. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). You were processed for an administrative separation
by reason of weight control failure as evidenced by the failure
to achieve prescribed readiness standards. Your commanding
officer forwarded his recommendation that you be discharged with
under honorable conditions by reason of physical standards. The
discharge authority directed an honorable discharge by reason of
physical standards. On 10 June 1995, you were 50 discharged at
that time and received an RE-4 reenlistment code based on three
failures of your required PRT’s.
In reviewing your application, the Board considered all
mitigating factors, such as your overall record of service.
However, the Board found these factors insufficient to warrant
changing your reenlistment code because of your three PRT
Failures. The Board noted that applicable regulations authorize
the assignment of an RE-4 reenlistment code to individuals who
have three PRT failures. The Board thus concluded that there is
no error or injustice in your reenlistment code. 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,
NAVY | BCNR | CY2009 | 08326-09
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. During the period 16 March thru 7 December 2004, you successfully passed the PRT, however, you were not recommended for retention. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 09652-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2009. In this regard, an RE-4 reenlistment code is authorized when a Sailor is discharged due to PRT failure and not recommended for retention. 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.
NAVY | BCNR | CY2009 | 07638-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 April 2010. On 24 July 2008, you were recommended for administrative separation due to weight control failure. 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.
NAVY | BCNR | CY1999 | 01921-99
An RE-4 reenlistment code means that the individual is ineligible for reenlistment without prior approval from Commander, Naval Personnel Command. Absent evidence to the contrary, a presumption exists that action by the Navy to discharge you by reason of "failed physical standards" was both appropriate and proper. Since you received the most favorable reenlistment code authorized by regulation, the Board could find no error or injustice in the assigned reenlistment code.
NAVY | BCNR | CY2009 | 13035-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2010. 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...
NAVY | BCNR | CY2009 | 12904-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. 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 | CY2010 | 10697-10
States Code, section 1552. ; A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 August 2011. Documentary material considered by the Board consisted of your application, together with ail 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...
NAVY | BCNR | CY2003 | 01905-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2003. 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. On 29 January 2003 you were advised of administrative separation processing and waived all of your procedural rights.
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 | 09596-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2009. Additionally, you were counseled and warned that your failure to adhere to the rules and regulations of the military could result in administrative discharge action. 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.