DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8513-10
4 May 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 27 April 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 and began a period of active on
9 September 1998 at age 19. In your last enlisted evaluation
report for the period of 16 March through 17 July 2006, your
promotion recommendation was marked as only progressing due to
your failure of three Physical Fitness Assessments (PFA’s) ina
four year period and you were not recommended for retention. On
14 July 2006, you were honorably discharged from active duty qdue
to non-retention 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 youth and desire to change your reenlistment code for
possible reentry into the armed forces. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code given the non-recommendation for
reenlistment and failure of three PFA’s which were sufficient to
support the assignment of an RE-4 reenlistment code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Each branch of the Armed Forces established its own criteria for
enlistment within the provisions of federal law. The
reenlistment code assigned by the Navy is not binding upon the
other services, which are free to accept or reject an application
on the basis of their own standards. If another branch of
service decides to waive your reenlistment code and accept you
for enlistment, the Navy will not object.
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,
psn
I ROBERT D. Zi
Acting Exec
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