DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6699-09
13 May 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 12 May 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 on 15
December 1999 at age 18. In your last two enlisted evaluation
reports for the periods of 31 August 2003 through 15 June 2004
and 16 June 2004 through 14 December 2004 you were marked as have
significant problems due to your failure of five Physical Fitness
Assessments (PFA) in a four year period and not recommended for
retention in the Navy. On 14 December 2004, you were honorably
discharged from active duty and assigned an RE-4 reenlistment
code. ,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code for
possible reentry into the armed forces. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code given the non-recommendation for
reenlistment which was sufficient to support the assignment of an
RE-4 reenlistment code. Accordingly, your application has been
denied. The names and votes of the members of the panel wiil 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,
er td
ROBERT D. ~ZSALMAN
Acting Executive Director
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