DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8807-09
16 June 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 15 June 2010. The names and votes of the
members of the panel will be furnished upon request.
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 reenlisted in the Navy on 18 April 1986 after four years of
prior honorable service and served without disciplinary incident.
Your record reflects that during the period from 27 January to 1
August 1989 you failed to meet the physical standards of the
Navy’s Physical Fitness Assessment (PFA) Program in three
consecutive cycles. As a result, on 17 April 1990, you were
notified of an administrative separation by reason of convenience
of the government due to other physical/mental condition,
specifically, obesity. At that time you did not object to the
separation and waived your procedural rights. Shortly
thereafter, your commanding officer recommended an honorable
discharge even though you failed to meet physical standards.
This recommendation noted, in part, that although you had served
without disciplinary incident, you were found to be unsuitable
for retention due to your inability to pass physical fitness
tests. Subsequently, the discharge authority approved the
recommendation and directed your commanding officer to issue you
an honorable discharge by reason of convenience of the
government, and on 20 April 1990, you were so discharged 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 overall satisfactory service, to include your prior
honorable service and desire to have your RE-4 reenlistment code
changed. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code
because of your continuous failing of physical fitness tests and
the nonrecommendation for retention, both of which were
sufficient to support the assignment of an RE-4 reenlistment
code. Finally, such a code is authorized by regulatory guidance
and normally assigned to Sailors who are separated due to the
convenience of the government and not recommended for
reenlistment due to failure to meet physical standards.
Accordingly, your application has been denied.
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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