DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02649-09
14 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 3 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 17
_ March..1993,.at..age 20. On 8 May 1995, you failed your command's
physical readiness test (PRT). On 24 October 1995, you failed
the command PRT. On 14 March 1996, you received nonjudicial
punishment for disrespect toward a petty officer. On 9 December
1996, you failed the command PRT for the third time in a four
year period. 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. On 23
January 1997, you were notified of pending administrative
separation action. You waived your rights to consult counsel and
to submit a statement. Your commanding officer directed your
separation. Subsequently, on 24 January 1997 you were separated
with an honorable discharge and given an RE-4 reentry 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 were not sufficient to warrant changing your
reenlistment code. In this regard, an RE-4 reenlistment code is
authorized when a Sailor is discharged due to PRT failure. _
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,
\ dood
W. DEAN R
Executive rector
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