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NAVY | BCNR | CY2010 | 01530-10
Original file (01530-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL

Docket No: 1530-10
17 November 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 3 November 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

2 September 1997 at age 22. Your Evaluation Report and
Counseling Record for the period of 16 June 2002 through 1 June
2003 stated that in fall of 2002, you failed a third consecutive
Physical Fitness Assessment (PFA) in four years. You were rated
as having significant problems and not recommended for retention.
Subsequently, on 1 June 2003 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
reentry code. In this regard, an RE-4 reentry code is authorized
when a Sailor is discharged due to PFA failures. 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,

x . INS
. W. DEAN P

Executive Di

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