DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 2587-10
17 November 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
TEW OF NAVAL RECORD
Ref: (a) Title 10 U.8-C. 1552
Encl: (1) DD Form 149 dtd 8 Mar 10 w/attachments
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing bleck 27
(Reentry Code) of his DD Form 214 (Certificate of Release or
Discharge from Active Duty) from “RE-4" (Not Recommended for
Reenlistment) to “RE-3F” (Failed the Physical Fitness
Assessment (PFA)).
2. The Board, consisting of Ms. @Pand Messrs. arent.
and @@MM reviewed allegations of error and injustice on 16
November 2010, and pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered
by the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner entered active duty in the Navy on 12
December 2000, and served until he was honorably discharged on
31 August 2005. He was administratively separated due to
“Unsatisfactory Performance” (failed five PFA's). He was
assigned an RE-4 reentry code. He could have been assigned a
waiverable reentry code of RE-3F.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by
chang ingyb1 of 27 (Reentry Code) of his DD Form 214 from RE-4
to RE“3F" '
b. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it+is certified thatga quorum
was present at the Board’s review and deliberations, and that
the foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
Crrism)) Droge
ROBERT D. Z4SALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it
is hereby announced that the foregoing corrective action, taken
under the authority of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.
W. DEAN PFE:
Executive
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