DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04322-10
26 January 2011
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 20 January 2011. 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 26 August 2004, and served without
disciplinary incident. However, you received five page 13
warnings for physical readiness test (PRT) failures between 2005
and 2006. In addition, you received another page 13 for four
Uniform Code of Military Justice violations, including
unauthorized absence, failure to obey a lawful order, willfully
disobedience toward a commissioned officer, and insubordinate
conduct. Therefore, you were processed for separation with an
honorable discharge due to four PRT failures within a four year
period. 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 27
December 2006, you were separated with an honorable discharge and
an RE-4 reentry 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 reentry code due to
your multiple PRT failures. 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 injustiee..
Sincerely,
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