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NAVY | BCNR | CY2009 | 08326-09
Original file (08326-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

REC
Docket No: 08326-09
LO dGune 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 9 June 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
29 January 1997, at age 21. During 16 March 2002 to 15 March
2003, you failed to successfully pass your spring and fall
required physical readiness tests (PRT’s) and were provided
counseling and recommendations to assist you in maintaining the
required standards. On 16 March and 5 September 2003, you failed
to gain your qualifications for the Enlisted Aviation Warfare
Specialist and were not recommended for advancement. From
5 September 2003 to 15 March 2004, you failed to pass your spring
and fall PRT’s, which was documented on your evaluation that you
were not within the Navy required standards for the third time.
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 PRT’s. You were counseled an additional time and
provided guidance to successfully complete the PRT and warned
that you needed to pass this requirement. During the period
16 March thru 7 December 2004, you successfully passed the PRT,
however, you were not recommended for retention.
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 or separation
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 ali 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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