DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 13035-09
3 September 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 26 August 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 on 20 January 2004, and served without
disciplinary incident. You were released from active duty upon
completion of your required service with an honorable discharge.
You affiliated with the naval reserve and failed the physical
readiness test (PRT) three times, (Fall 2005, Spring 2006, and
Fall 2006). Therefore, on 11 December 2006, you were processed
for separation with an honorable discharge due to multiple PRT
failures. You waived all of your procedural rights, to include
your right to an administrative discharge board (ADB). The
separation authority approved the recommendation and on 18
December 2006, you were separated with an honorable discharge and
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. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your reenlistment code due
to your multiple PRT failure. Furthermore, the Board found you
waived your right to an ADB, your best opportunity for retention.
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,
Ss. fo
ROBERT D. ~ZSALMAN
Acting Executive Director
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