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NAVY | BCNR | CY2013 | NR9446 13
Original file (NR9446 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BC
Docket No: 09446-13
24 July 2014

 

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 23 July 2014. 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

22 December 1997. On a periodic evaluation for the period of 16
July 2001 through 15 July 2002, you received one adverse
performance trait mark of 1.0 in military bearing/character due
to a third failure of the physical fitness assessment. Ona
detachment evaluation covering the period of 16 July through 10
December 2002, you received a 1.0 trait mark in military
bearing/character due to. your fourth failure of the physical
fitness assessment in a three year period and were not
recommended for retention. On 21 December 2002, you were
honorably discharged from active duty while serving in pay grade
E-3. You were assigned an RE-4 (not recommended for retention)
reentry code. _ ,

The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case,
including you contention that you did not have sufficient time
to heal from your injury. Nevertheless, the Board concluded
those factors were insufficient to warrant a change in the
reentry code based on your non-recommendation for retention in
pay grade E-3 and the fact that you received performance trait
mark of 1.0. In this regard, an RE-4 reentry code is required
when an individual is discharged at the expiration of his term
of enlistment while serving in pay grade E-3 and is not
-recommended for retention or promotion. 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,
7 ete,

ROBERT D. ZSALMAN
Acting Executive Director

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