DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 352-11
21 October 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 18 October 2011. The names and votes of the
members of the panel will be furnished upon request.
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 antire
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 14 December 2005 at age 19 and
immediately began a period of active duty. About a year later,
on 15 November 2006, you failed to meet the physical fitness
assessment (PFA)/body composition assessment standards.
Your record contains an administrative remarks entry dated 18
April 2007 which states, in part, that you were warned regarding
deficiencies in your performance and conduct, specifically
driving with a suspended license and privileges and driving
another person’s vehicle without permission. The record further
reflects two more PFA failures in June 2007 and June 2008.
On 14 May 2009 you received nonjudicial punishment (NUP) for
dereliction of duty. Subsequently, you were notified of pending
administrative separation action by reason of physical standards
as evidenced by your failure to meet PFA standards on three
occasions within a four year period. At that time you were not
recommended for retention or reenlistment. After waiving your
procedural rights, the discharge authority directed an honorable
discharge by reason of physical standards and on 29 May 2009 you
were so discharged 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 have your RE-4 reenlistment code
changed. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code
because of your misconduct, which resulted in NUP, deficiencies
in your performance, continuous failing of physical fitness
tests, and the nonrecommendation for retention; all of which were
sufficient to support the assignment of an RE-4 reenlistment
code, Finally, such a code is authorized by regulatory guidance
and normally assigned to Sailors who are separated and not
recommended for reenlistment due to failure to meet physical
standards. Accordingly, your application has been denied.
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,
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